Leamy

Prop. Cal. SCJLW One Corp. v. Leamy

Good Law
236 Cal. Rptr. 3d 500·25 Cal. App. 5th 1155
Court of Appeal of CaliforniaAugust 9, 2018A152959California5,813 words

Opinion

lead Opinion

Dondero, J.

*1158 Defendants Robin and Kris Leamy appeal from a final judgment entered in favor of plaintiff Property California SCJLW One Corporation. The judgment was entered based on an order granting plaintiff's motion for summary judgment regarding a settlement agreement (Agreement) involving attorney fees that contained a standard general release. Defendants contend summary judgment was improperly granted because the Agreement is unenforceable. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Defendants entered into a contract with J.T. Holmes to purchase a home in Lafayette. They waived contingencies under the contract, but discovered prior to close of escrow that there were matters with the house that had not been disclosed. They terminated the contract and sought to recover their deposit of $116,220, but Holmes refused. Their attorney, David Bowie (who also represented them below and in this appeal), negotiated an agreement to recover half of their deposit, or $58,110, but they refused to accept this resolution because they wanted to recover the entire deposit. Bowie declined to represent them for that claim.

In 2009, defendants hired the law firm of Morgan Miller Blair (MMB),…

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