1538 Cahuenga Partners, LLC v. Turmeko Properties, Inc.

Good Law
176 Cal. App. 4th 139·97 Cal. Rptr. 3d 552
Court of Appeal of CaliforniaJuly 31, 2009B209548California1,269 words

Opinion

Opinion

Rothschild, J.

TRE Holdings, LLC (TRE), and Tremaine Fowlkes, its principal, appeal from a judgment in favor of WMC Mortgage, LLC (WMC), pursuant to a stipulated settlement (Code Civ. Proc., § 664.6). We affirm.

FACTS AND PROCEEDINGS BELOW

In December 2004, plaintiff 1538 Cahuenga Partners, LLC, filed an action against defendants Turmeko Properties, Inc., WMC, and others to cancel a reconveyance and to quiet title to property on Reading Avenue in Los Angeles. (We will refer to this as the Cahuenga action.) TRE and Fowlkes were not named parties in the Cahuenga action but became parties to its settlement. In a previous action TRE had obtained a judgment lien against Turmeko, recorded a lis pendens with respect to the property, and made a claim in the Cahuenga action for money interpled in this action.

In November 2006 persons interested in the Cahuenga action, including TRE, stipulated orally before the court to “absolutely, fully, and forever release, relieve, waive, relinquish, and discharge one another individually and collectively . . . from any and all . . . hens of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected . . . .” The settlement…

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