Naco, Inc. v. Kermani
First, Naco asserts that Kermani waived the right to judicial review by signing a settlement agreement. The portion of the settlement agreement relating to the right to review reads: The parties will inform the Court of this settlement, request the Court to vacate the trial date, and request the Court to retain jurisdiction to enforce this SETTLEMENT AGREEMENT. Any dispute which arises in connection with the interpretation or enforcement of this SETTLEMENT AGREEMENT shall be submitted to MEDIATOR for resolution who shall be empowered to act as an arbitrator and to render a decision with respect to such dispute which shall be binding and final on the parties. The arbitrators decision may be enforced by submission to the Los Angeles County Superior Court which shall issue an order enforcing the decision of MEDIATOR acting as an arbitrator. The parties waive any and all rights to jury trial, appeal or otherwise to challenge the decision of the MEDIATOR acting as an arbitrator. If MEDIATOR is unwilling or unable to resolve such dispute, then it may be submitted to the Superior Court for determination in the same manner as provided herein for submission to MEDIATOR. (Italics added.) The trial court questioned the parties in open court to ensure that they fully understood the terms of the settlement agreement. Nacos motion to dismiss the appeal is denied.
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