Valencia

Valencia v. Rodriguez

Good Law
105 Cal. Rptr. 2d 281·2001 Cal. App. LEXIS 217·2001 Daily Journal DAR 2939·87 Cal. App. 4th 1222
Court of Appeal of CaliforniaMarch 22, 2001B141937California1,711 words

Opinion

Opinion

Todd, J.

the trial court appellants Jose C. Rodriguez and Martha O. Rodriguez entered into a settlement agreement with respondents Jorge Sandoval Valencia and Maria Milan De Sandoval on the record. Unknown to Sandoval and the trial court, Jose C. Rodriguez had filed a bankruptcy petition that was then pending. Shortly after the settlement, Sandoval and the trial court received notice of the bankruptcy. As a result, Sandoval made no effort to enforce the settlement agreement despite Rodriguez’s failure to comply with its terms. After dismissal of the bankruptcy petition, Sandoval’s motion to enforce the settlement agreement and to enter judgment in accordance with Code of Civil Procedure section 664.6, was granted. Rodriguez contends all proceedings during the bankruptcy proceedings were void and that the settlement agreement was therefore unenforceable.

We disagree and affirm. '

Factual and Procedural Background

On May 12, 1997, Sandoval filed suit against Rodriguez for fraud, negligent misrepresentation, breach of contract and rescission in connection with the purchase of real property from Rodriguez. Sandoval alleged Rodriguez falsely represented that the property had been…

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