Hermanson

INTRODUCTION

Appellant Scott Patterson and respondent Barry Hermanson entered into a joint venture involving the importation and sale of merchandise from China. They fell out, and respondent Hermanson sued Patterson in superior court. The parties settled the lawsuit, entering into a settlement agreement that required Patterson to pay off a promissory note over three years. The parties also stipulated to the entry of judgment if appellant Patterson defaulted. As the three-year period was about to end, respondent accused appellant of defaulting on the note. Appellant disagreed. Respondent applied ex parte to the superior court for entry of his stipulated judgment, a proceeding respondent opposed. The court granted the ex parte application and entered judgment for $50,660.75, exclusive of attorney fees and costs. It later denied appellant’s request to set aside the judgment. Although it appears that respondent was entitled to judgment in some amount, we are sending the case back to recalculate this amount. We perceive a significant discrepancy between what the evidence showed appellant still owed on the note at the time of default and the amount of the judgment entered against him.…