Greiner
Family Mortgage Corp. No. 15 v. Greiner
Opinion
Lead Opinion
MEMORANDUM ***
Because we determine that the Settlement Proposal was sufficiently definite with respect to all the material terms, we affirm the district court’s order granting the motion of Family Mortgage No. 15 and Eastern Savings Bank, F.S.B. (collectively, “the Banks”) to enforce a settlement agreement between the Banks and Perry L. Greiner (“Greiner”).
Manifestly, the Settlement Proposal’s purpose was to afford Greiner additional time to dispose of the property before it would be turned over to an auctioneer for an auction sale. In light of all the details in the document, there could be little doubt as to what the parties’ obligations were and whether they breached them, and Greiner fails to identify any terms so vague as to preclude its enforcement. See Bustamante v. Intuit, Inc., 141 Cal.App.4th 199 , 45 Cal.Rptr.3d 692, 699 (2006).
We also reject Greiner’s argument that the contract was indefinite because the parties agreed to continue negotiating on certain terms. Within the overall agreement, the issues reserved by paragraph 12 are not so essential as to make enforcement of the Settlement Proposal unfair, and they are not even disputed in this case. Even assuming…