Baldwin

BACKGROUND

Baldwin filed suit against defendants for assault and battery. After discovery, the parties entered private mediation. Without admitting liability, defendants drafted a written “Confidential Settlement Agreement and Release,” offering Baldwin $250,000 in exchange for a dismissal of the action with prejudice. The agreement included provisions for reasonable attorney fees should either party move to enforce the settlement. Following negotiations, Baldwin’s counsel, Raymond McElfish, filed an unconditional “Notice of Settlement of Entire Case” on April 12, 2012, promising to dismiss the case within 45 days of the settlement. Baldwin requested minor grammatical changes to the agreement via email, and defense counsel agreed. Baldwin and McElfish each signed the modified agreement, but the agreement was not signed by defense counsel or by anyone else on behalf of any defendant and did not even include a line for such a signature. On June 6, 2012, Axis Surplus Insurance Company sent a check for $250,000 to Baldwin and McElfish. Plaintiff received the check but did not deposit it.2 Baldwin refused to dismiss the case, so defendants moved to enforce the agreement under section…