Howeth

Howeth v. Coffelt

Good Law
18 Cal. App. 5th 126·226 Cal. Rptr. 3d 773
Court of Appeal of CaliforniaNovember 30, 2017D072136California3,186 words

Opinion

lead Opinion

Huffman, J.

*128 Joseph and Monique Howeth own a beachfront home in Oceanside that shares a driveway with the neighboring home, owned by Tina Coffelt. After the parties were unable to amicably share the driveway in accordance with an easement governing its use, the Howeths sued Coffelt, seeking injunctive relief. The neighbors ultimately reached a settlement agreement, which included a stipulation to the entry of judgment to resolve the lawsuit. The agreement also purported to allow the parties to seek a $1,000 fine in court if the other neighbor refused to comply with the agreement. When Coffelt allegedly began to ignore the agreement's restrictions on the use of the driveway, the Howeths filed a postjudgment motion seeking an "interim judgment" awarding them $12,000 in fines, plus attorney fees.

The trial court denied the motion, finding that it did not have continuing jurisdiction to consider the motion and directed the Howeths to file a new lawsuit for *776 breach of contract. Instead, the Howeths appeal. They argue that the trial court has continuing jurisdiction to enforce the stipulated judgment *129 and erred in denying the motion. As we discuss, however, the order is not appealable…

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