Stevenson

Casa De Valley View Owner's Assn. v. Stevenson

Caution
167 Cal. App. 3d 1182·1985 Cal. App. LEXIS 2059·213 Cal. Rptr. 790
Court of Appeal of CaliforniaMay 9, 1985B004259California3,582 words

Opinion

Opinion

Thompson, J.

This case involves a novel situation in which coplaintiffs in the action below are adversaries on appeal from a judgment enforcing a stipulated settlement. Huston and Grace Carlyle appeal from the judgment entered pursuant to a stipulated settlement following the granting of a motion under Code of Civil Procedure section 664.6 by Casa de Valley View Owner’s Association (Association). The Carlyles contend that the superior court improperly utilized section 664.6, and lacked jurisdiction. We disagree, and will affirm the judgment.

Factual and Procedural Background

The action below arose out of a condominium conversion. The Association is the homeowner’s association for the condominium development. The Carlyles are resident owners of a condominium unit and members of the Association. In March 1980, the Association sued the defendant developers in this case (No. NCC 10492 G). At that time, Mr. Carlyle was president of the board of directors (directors) of the Association and had been retained to prosecute the lawsuit. On July 23, 1980, the Association’s new directors adopted a resolution terminating Mr. Carlyle’s legal services and retaining another law firm to pursue the…

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