Fiore
Fiore v. Alvord
Opinion
Opinion
King, J.
In this case we hold that when an appeal is taken from a judgment granting a motion under Code of Civil Procedure section 664.6 to enforce a settlement, the standard of appellate review is whether the trial court’s determination is supported by substantial evidence.
Fred Alvord et al. (Alvord) appeal from a judgment compelling enforcement of a settlement agreement with Marcel Fiore et al. (Fiore). We affirm.
The parties were limited partners in a joint venture created to acquire and develop real estate. Alvord sought to withdraw pursuant to a provision of the joint venture agreement giving remaining partners a right to buy out withdrawing partners’ interest. Alvord and Fiore entered into an agreement to sell Alvord’s interest in the joint venture to Fiore, but the amount of the sale price became disputed. Fiore sued to compel specific performance of the sale agreement.
Before trial, the parties agreed to settle the matter. They concurred on all terms of sale except the value of the joint venture interest. The basic valuation process, as set forth in the stipulation, required each party to choose an appraiser, and together the two appraisers would choose an impartial…