Hardisty

As part of the posttrial settlement of this action, all parties stipulated to vacate the judgment entered in by the Contra Costa Superior Court on May 25, 2004. To effectuate their stipulation, the parties filed in this court an “Application for Order Vacating Judgment” pursuant to Code of Civil Procedure section 128, subdivision (a)(8). The record is not complete and briefing on the noticed appeal and cross-appeal has not commenced.

We shall deny the motion to vacate the judgment.

FACTS

This nonjury case was tried over three days before Contra Costa County Superior Court Judge Joyce Cram. The “Findings of Fact and Judgment after Court Trial” (hereafter findings and judgment) Judge Cram filed on March 25, 2004, may be summed up as follows: Plaintiff George Hardisty, an attorney, referred a client, James Gracey, to attorney and coplaintiff John Peterson. The case related to an automobile accident in 1999 in which Gracey’s incompetent brother, Todd Larsen, sustained severe injuries. Acting as guardian ad litem for Larsen, Gracey entered into a written fee agreement with Peterson. The agreement required Peterson to handle the case for a contingent fee of 20 percent and…