Brokaski

Brokaski v. Delco Systems Operations

Good Law
41 F. App'x 958
United States Court of Appeals for the Ninth CircuitJuly 24, 2002No. 01-55959; D.C. No. CV-98-5558-RSWLCalifornia597 words

Opinion

Lead Opinion

MEMORANDUM **

Frederick Brokaski appeals the district court’s order enforcing a settlement agreement and dismissing Brokaski’s lawsuit against General Motors with prejudice. Because the facts are known to the parties, we will not recite them in detail except as necessary. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review the district court’s enforcement of a settlement agreement for an abuse of discretion. Callie v. Near, 829 F.2d 888, 890 (9th Cir.1987). “Reversal is appropriate only if the court based its decision on an error of law or clearly erroneous findings of fact.” Maynard v. City of San Jose, 37 F.3d 1396, 1401 (9th Cir.1994) (citation and internal quotation marks omitted). We affirm.

“It is well settled that a district court has the equitable power to enforce summarily an agreement to settle a case pending before it.” Callie, 829 F.2d at 890 . “However, the district court may enforce only complete settlement agreements.” Id. “Where material facts concerning the existence or terns of an agreement to settle are in dispute, the parties must be allowed an evidentiary hearing.” Id.

Brokaski argues that the district court should have held an evidentiary…

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