Lee v. Bank of America CA3

BACKGROUND

In case No. 14CV40435, Bank of America sued Lee concerning a deed of trust secured by real property in Calaveras County.1 In a settlement conference for that case, the parties agreed to settle the case with specific terms. Two of the major terms were that Lee would reconvey the deed of trust and Bank of America would pay Lee $5,000. The parties agreed that Bank of America would prepare a formal settlement agreement. While Lee reconveyed the deed of trust, he refused to sign the settlement agreement prepared by Bank of America. And Bank of America did not give Lee $5,000. On January 9, 2017, Lee filed this action (case No. 17CV42098) against Bank of America, alleging four causes of action relating to the settlement agreement in case No. 14CV40435 and Bank of America’s failure to pay him $5,000. The four causes of action were for breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, and cancellation of a recorded instrument. Bank of America moved to enforce the settlement under Code of Civil Procedure section 664.6 and to obtain an order for Lee to sign the settlement agreement. The trial court granted Bank of America’s motion and…