1429 Grant Ave, LLC v. Linton CA1/1

DISCUSSION

We need not recite the facts and procedural history of this case in detail. The parties are familiar with the facts and history, and our opinion does not meet the criteria for publication. (Cal. Rules of Court, rule 8.1105(c).) We thus resolve the case before us with an abbreviated

1 written opinion with reasons stated. (Cal. Const., art. VI, § 14; Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1262.) 1429 Grant Ave sued Linton for ejectment from its property. The parties eventually agreed to a settlement, whereby 1429 Grant Ave would pay Linton $250,000 if he moved out by a certain date. Thereafter, Linton unsuccessfully moved two separate times to enforce the settlement agreement, with the trial court concluding he was not entitled to compensation because he failed to timely deliver the premises to 1429 Grant Ave. 1429 Grant Ave ultimately dismissed its complaint without prejudice, but the litigation did not end because Linton renewed his motion to enforce the settlement, which the court denied, and then moved to set aside the dismissal under Code of Civil Procedure1 section 473. The court denied the motion, and 1429 Grant Ave filed two motions for sanctions—one…