Dumas

Dumas v. Escamilla CA4/2

Good Law
Court of Appeal of CaliforniaApril 23, 2025E083252California1,320 words

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…

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