Namvar

Starpoint Properties v. Namvar

Good Law
134 Cal. Rptr. 3d 58·201 Cal. App. 4th 1101·2011 Cal. App. LEXIS 1549
Court of Appeal of CaliforniaDecember 12, 2011No. B217088California3,572 words

Opinion

Lead Opinion

Johnson, J.

On October 16, 2008, respondent Starpoint Properties, LLC, and its affiliates 1 (Starpoint), brought suit against appellants Homayoun Namvar, Ramin Namvar and Unitex Industries, Inc., along with other defendants not parties to this appeal, for breach of contract and fraud. On October 31, 2008, the parties entered into a settlement agreement, in which Starpoint agreed to dismiss all claims against appellants in exchange for the right to purchase certain real property owned by appellants in Los Angeles. The settlement agreement also included a stipulation for entry of judgment, which provided that Starpoint shall be entitled to judgment in the amount of $8,362,000, plus interest, against all of the defendants named in the complaint, if any one of four events was to occur (as described below). Additionally, the stipulation expressly stated that appellants had waived their *1104 right to appeal any judgment issued pursuant to the stipulation, as well as any right to receive notice that judgment would be entered pursuant to the stipulation. When negotiating the terms of the settlement agreement and the stipulation, all parties were represented by counsel.

After three of the…

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