Schiro

Plaintiff Robert P. Schiro appeals from the judgment and order granting defendants’ motion for entry of judgment pursuant to a settlement agreement. (Code Civ. Proc., § 664.6.) We will affirm the order and judgment for the reasons stated below.

Facts

Plaintiff Schiro and defendants Anthony J. Curci, Antoinette Warrick, and Edenvale Investment Company, Inc. (collectively Curci or defendants) own adjoining parcels of commercial real property in San Jose. Curci claimed an easement for ingress and egress upon a strip of Schiro’s property. Schiro brought an action to quiet title to the strip of land and for related relief on June 1, 1979. Curci cross-complained in March 1980, alleging a right to use the strip of land because of an express easement appurtenant created by deed and because of an easement acquired by prescription. The parties pursued the litigation for several years.

The parties settled the case before it went to trial. The superior court’s master calendar for June 5, 1984, reflects that the case was set for trial on that day but because it was settled it was not assigned to a judge for trial. Schiro signed the settlement agreement on December 5, 1984, and his…