Dumas
Dumas v. Escamilla CA4/2
Opinion
Opinion
BACKGROUND
In 2016, Dumas filed a complaint against Escamilla. The complaint is not
included in the record on appeal. In April 2019, the trial court held a mandatory
settlement conference at which the parties reached a settlement, the terms of which were
read into the record.
At the hearing, counsel for both parties appeared in court, and both Dumas and
Escamilla appeared telephonically. Both attorneys indicated that they had briefed their
clients on the terms of the settlement agreement, and Dumas and Escamilla confirmed
that had happened. The court told the parties that “the terms of the settlement” would be
recited, after which the court would “ask each of [the parties] if [they] approve the
settlement.” The court cautioned: “If you approve of the settlement here in open court,
you are bound by it. That means you cannot change your mind.” The court asked both
parties if they understood, and both indicated that they did.
Escamilla’s attorney read the terms of the settlement agreement into the record,
including that “Mr. Dumas will sell lots 3 and 6 to Ms. Escamilla. The sale price will be
$125,000; $65,000 down payment payable at close of escrow.” Counsel…