Red & White Distribution v. Osteroid Enterprises CA2/4

INTRODUCTION

This is the second appeal in these consolidated cases. In 2014, the parties entered into a settlement agreement requiring Red & White Distribution, LLC, Red & White Distribution Sacramento LLC, and Mikhail Cheban (collectively, R&W) to pay Osteroid Enterprise, LLC and Eric Oster1 (collectively, the Osteroid Parties) $2.1 million in varying installments pursuant to a payment plan. After R&W breached the agreement, the trial court (Hon. Barbara A. Meiers) entered judgment against it based on the terms of the parties’ stipulated judgment. R&W appealed from the judgment. A different panel of this court reversed, in part, based on its conclusion that the stipulated judgment contained an unenforceable penalty, and remanded the matter to the trial court with directions to reduce the judgment to $2.1 million, less agreed upon payments of $45,000 and $56,000, plus interest from the date of the execution of the stipulated judgment. (Red & White Distribution LLC v. Osteroid Enterprises, LLC (2019) 38 Cal.App.5th 582 (Red & White I).) The panel further held that on remand, the trial court may conduct

Eric Oster died in 2017. Appellant Tatiana Sedycheva is Oster’s widow…