Doran
Doran v. Magan
Opinion
Lead Opinion
Thaxter, J.
Shaen Wellesley Magan (Magan) purports to appeal from an order denying his motion to enforce a settlement pursuant to Code of Civil Procedure section 664.6. 1 We will dismiss the appeal because the order is not appealable. We will also deny Magan’s request that we treat his appeal as a petition for writ of mandate.
Facts and Procedural History
On April 19, 1991, Creditors Bureau of California (Creditors Bureau), as assignee of Britz, Inc., filed an action against Magan seeking to recover on an unpaid debt. On June 18, 1991, Creditors Bureau and Magan stipulated in writing to settle the claim for the sum of $129,699.16, to be paid in installments of $1,000 per month until paid in full. The agreement provided that if Magan did not meet the payment terms specified, Creditors Bureau would have judgment against Magan for the full amount prayed for in the complaint, with interest and costs.
In January 1993, Magan contacted Creditors Bureau and offered to settle the action by paying $20,000. Creditors Bureau agreed, but the funds were to *1291 be paid within 10 days. Magan borrowed the amount from friends and delivered a cashier’s check in the amount of $20,000 to Creditors…