Doe

Doe v. Washoe County

Good Law
339 F. App'x 747
United States Court of Appeals for the Ninth CircuitJuly 28, 2009No. 07-15358California643 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs-Appellants John Doe, et al. appeal the district court’s enforcement of a settlement agreement which was reached at a settlement conference with the magistrate judge and was put on the record. We affirm.

Plaintiffs first argue that the settlement agreement was not binding because *748 it contained a provision requiring that the County’s Board of Commissioners approve the settlement. The Board did approve the agreement when it met as scheduled subsequent to the settlement conference, but by that time Plaintiffs had repudiated the agreement, and they argue that they were at liberty to change their minds because the agreement had not yet been approved by the County Board. We disagree.

In determining whether a conditional settlement agreement is binding, courts look to whether the parties demonstrated an intent to be bound by the circumstances and the terms of the agreement. See, e.g., James Hardie Gypsum (Nevada), Inc. v. Inquipco, 112 Nev.1397, 929 P.2d 903, 906 (1996) (“The fact finder should look to objective manifestations of intent to enter into a contract.”), overruled on other grounds by Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.