Stern v. Jones
Defendant Lawrence D. Stern appeals the trial courts orders (a) denying his motion to enforce a settlement agreement, and (b) releasing funds Stern deposited with the court to satisfy a judgment entered in this case (OC Judgment) on the settlement agreement. Stern contends the settlement agreement required plaintiff Robert L. Jones to assign Stern a judgment Jones obtained in another case brought in Los Angeles County (LA Judgment) once Stern satisfied the OC Judgment. Jones, however, contends the settlement agreement required him to assign the LA Judgment only if Stern made specified payments in a timely manner. Because Stern failed to make timely payment, Jones asserts Sterns full satisfaction of the judgment did not entitle him to assignment of the LA Judgment. Jones also argues the trial court had no jurisdiction over the matter.
Court conclude the trial court properly denied Sterns motion to enforce settlement, but erred in releasing the deposited funds to Jones. Sterns payment of the OC Judgment after a third party fully satisfied the LA Judgment resulted in an improper double recovery for Jones. Court therefore reverse the trial courts order releasing the funds and remand with instructions the trial court order Jones to repay the funds improperly released, with interest at the legal rate.
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