Askew v. California Live Floors
This appeal involves a simple settlement agreement intended to end a lawsuit filed by plaintiff Allan Askew against defendants California Live Floors, Inc., Dean Berkenbile, Dwana Berkenbile, and the Berkenbile Revocable Trust (collectively CLF) in order to foreclose on a mechanics lien. Askew constructed a building for CLF. The 2001 settlement agreement called for Askew to repair three deficiencies in CLFs building foundation in exchange for final payment of $10,881. The parties expected the terms of the agreement to be quickly fulfilled. However, as an ancient Roman writer observed, There are some remedies worse than the disease. (Publilius Syrus, Maxim 301, quoted in Bartletts Familiar Quotations (15th ed. 1980) p. 111.)
Over the next seven years, disputes over the terms of the settlement agreement festered and resulted in exchanges of sharp letters between the parties attorneys. CLF did not deposit the funds until Askew moved for judgment to enforce the settlement agreement pursuant to Code of Civil Procedure section 664.6.[1] Even though Askews motion for judgment was granted in 2004, he still has not performed any of the work required by the agreement.
Both parties appeal from the trial courts partial grant of CLFs motion to enforce the settlement agreement. On appeal, Askew contends (1) the trial court exceeded its jurisdiction to enforce the settlement agreement under section 664.6 by finding that he refused to perform his obligations, and (2) even if section 664.6 allowed the court to make factual findings regarding noncompliance with the settlement agreement, substantial evidence did not support the trial courts finding. CLF contends that Askews appeal must be dismissed for lack of an appealable order or judgment.
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