Shalikar

I. INTRODUCTION

Plaintiff, defendant, and appellant Touryalai Shalikar and plaintiff, defendant, and

respondent Mohammad Shalikar are brothers.1 They jointly owned certain businesses

and real property, including four parcels of land in Hesperia. They have been litigating

disputes regarding these properties and other matters since at least 2004.

In 2006, Touryalai and Mohammad entered into a settlement agreement. The

agreement called for Touryalai to transfer his interest in the four Hesperia parcels to

Mohammad and for Mohammad to transfer other property to Touryalai. For the next

three years, neither side performed their obligations under the agreement or demanded

that the other do so. In the meantime, they sold three of the four Hesperia parcels to the

City of Hesperia (the City) in response to the City’s threat of condemnation proceedings.

The proceeds for the parcels were split evenly between Touryalai and Mohammad. The

parties continued to jointly hold one Hesperia parcel.

1 Because Touryalai and Mohammad share the same last name, we will refer to them by their first names. Touryalai’s and Mohammad’s wives are also parties to the underlying litigation and this…