Defendant THUY TRUONG's Motion to Enforce Settlement is DENIED.
The Court declines to rule on all evidentiary objections. There is one simple issue to resolve: whether the Document attached as Exhibit A to the Motion entitled "Stipulation for Settlement" in fact is a settlement agreement between the parties and enforceable under CCP 664.6. While the document is labeled "Stipulation for Settlement", it includes language that indicates that it is not the complete agreement. Specifically, the document states in two places there would be a "long form" subsequent to this agreement. Page one states, "all other entities as to be defined in long form." Page 3 states that a downpayment of $925,000 "upon effective date of agreement per long form." Based on this language alone, the Court cannot conclude that the settlement is a final agreement between the parties. (If it was, when would the downpayment be due?)
Further, the "other terms" handwritten on page 3 do not appear to be complete. Key b
Hearing Date
July 11, 2017
Category
Civil - Unlimited
Type
Intellectual Property
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Defendant THUY TRUONG's Motion to Enforce Settlement is DENIED.
The Court declines to rule on all evidentiary objections. There is one simple issue to resolve: whether the Document attached as Exhibit A to the Motion entitled "Stipulation for Settlement" in fact is a settlement agreement between the parties and enforceable under CCP 664.6. While the document is labeled "Stipulation for Settlement", it includes language that indicates that it is not the complete agreement. Specifically, the document states in two places there would be a "long form" subsequent to this agreement. Page one states, "all other entities as to be defined in long form." Page 3 states that a downpayment of $925,000 "upon effective date of agreement per long form." Based on this language alone, the Court cannot conclude that the settlement is a final agreement between the parties. (If it was, when would the downpayment be due?)
Further, the "other terms" handwritten on page 3 do not appear to be complete. Key b