Dixon
Malouf Bros. v. Dixon
Opinion
Opinion
Ashby, J.
Defendant and appellant Charles S. Dixon appeals from a judgment compelling appellant to comply with a previous settlement agreement with plaintiffs and respondents Malouf Bros, (a general partnership), James Malouf and Clark Harmening. (Code Civ. Proc., § 664.6.)
Respondents are grading and excavating contractors. Appellant contracted for respondents to construct a road on property owned by appellant in Kern County.
On July 19, 1983, respondents sued appellant for more than $35,000 remaining due on the contract work.
On June 16, 1987, the suit was settled at the mandatory settlement conference. The terms of the settlement were stated in open court. Appellant would convey parcel B of parcel map 5883, constituting 15.04 acres, to respondents; respondents would pay appellant $10,000 cash in 90 days; and the parties would mutually dismiss the complaint and cross-complaint. Respondents, at their expense, would repair portions of the road that were washed out; the road would be tested by a qualified soil engineer for compaction; and respondent Harmening would pay $500 to appellant to be paid over to the soil engineer.