Hanson
Hanson v. Wells Fargo Bank CA2/4
Opinion
Opinion
Currey, J.
INTRODUCTION
Plaintiff and appellant Irene Hanson appeals from the trial court’s order granting the motion of defendant and respondent Wells Fargo Bank, N.A. (Wells Fargo) to enforce a settlement agreement under Code of Civil Procedure section 664.6. 1 Hanson principally contends the settlement agreement is unenforceable because she withdrew her acceptance before an agreement was formed. For the reasons discussed below, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Hanson filed a complaint against Wells Fargo alleging it failed to comply with a bank levy relating to a judgment Hanson previously obtained. After Wells Fargo answered the complaint, its counsel offered to settle the case for $900. Hanson’s counsel accepted the offer and requested a draft settlement agreement. Wells Fargo provided the requested draft, and Hanson’s counsel sent back a copy of the agreement executed by Hanson. Wells Fargo signed the agreement one week later. Paragraph 2 of the settlement agreement provides, in relevant part: “Wells Fargo shall pay to [Hanson] the one-time total sum of nine hundred dollars ($900.00) (the “Settlement Payment”). The Settlement Payment shall be made by check made payable…