Wackeen

Wackeen v. Malis

Good Law
118 Cal. Rptr. 2d 502·2002 Cal. App. LEXIS 3648·2002 Daily Journal DAR 3631·97 Cal. App. 4th 429·2002 Cal. Daily Op. Serv. 2986
Court of Appeal of CaliforniaApril 4, 2002B131353, B138921California4,457 words

Opinion

Opinion

Croskey, J.

In these three consolidated appeals, we review orders on motions brought to enforce indemnification and attorney’s fees provisions contained in a written settlement agreement that was entered into by the appellants and respondents. The motions were brought under Code of Civil Procedure section 664.6.

Defendants Tara Alane Moran, The Moran Family Trust, REM Ltd., The International Horse Foundation (formerly known as The Foundation for Thoroughbred Sciences, Inc.), and Creekside Development, Inc. (collectively Moran) brought the section 664.6 motions, in which they contended that plaintiffs Caesar Wackeen, Torrance Management Company, Inc., and Ronald Moran Cadillac, Inc., together with certain others (Barbara Wackeen and Norman Adams) (collectively Wackeen), failed to perform their obligations under the settlement agreement, and such failures caused Moran to incur attorney’s fees and other costs totaling more than $100,000 to defend four postsettlement lawsuits that involved matters addressed in the settlement agreement.

Whatever the substantive merits of Moran’s claims to recover such costs from Wackeen under the terms of the settlement agreement, the record does not…

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