Kohn

Kohn v. Jaymar-Ruby, Inc.

Good Law
1994 Cal. App. LEXIS 285·23 Cal. App. 4th 1530·28 Cal. Rptr. 2d 780·94 Daily Journal DAR 4517·9 I.E.R. Cas. (BNA) 552
Court of Appeal of CaliforniaMarch 31, 1994A062699California1,241 words

Opinion

Opinion

Haning, J.

Defendant/appellant Jaymar-Ruby, Incorporated, appeals a judgment entered pursuant to a settlement agreement with plaintiff/respondent Arthur Kohn in respondent’s action for wrongful termination. Appellant contends the trial court abused its discretion in entering judgment because the agreement was invalid and unenforceable. We affirm.

Facts and Procedural History

Respondent’s complaint alleged generally that his termination constituted a breach of his oral employment contract not to be terminated except for cause, and a violation of the age discrimination provisions (Gov. Code, § 12941) of the Fair Employment and Housing Act. (Gov. Code, § 12900 et seq.) On March 30, 1993, the parties appeared at a mandatory settlement conference. The court’s March 30 minutes stated that the parties reached a settlement, that the trial date was vacated and that the the matter was set for a status conference on April 28 to determine if dismissals had been filed.

On May 13, 1993, respondent moved to have judgment entered according to the terms of the agreement reached at the March 30 settlement conference on the grounds that appellant had refused to comply. Appellant opposed the motion…

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