This matter is on calendar for the motion by Plaintiff/Cross-Defendant Andrew Walliser (“Walliser”) pursuant to Code of Civil Procedure section 664.6 to compel Defendant/Cross-Complainant Stephen Wechsler (“Wechsler”) to execute the documents required to complete the sale of the real property located at 11856 River Road in Forestville (the “Property”) in accordance with instructions from the escrow officer and for attorneys’ fees and costs pursuant to the Stipulation for Settlement (“Stipulation”) and Mutual Settlement and Release (“Settlement Agreement”) executed by the parties. The fundamental issue presented is whether Walliser was required by the parties’ agreements to make a portion of the settlement payment in cash to Wechsler in Florida. The court concludes that Walliser was not required to do so. The Motion is GRANTED for the reasons and on the terms set forth herein.
I. Relevant Factual History
This case arises out of an option to purchase the Property. The Parties attended a
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This matter is on calendar for the motion by Plaintiff/Cross-Defendant Andrew Walliser (“Walliser”) pursuant to Code of Civil Procedure section 664.6 to compel Defendant/Cross-Complainant Stephen Wechsler (“Wechsler”) to execute the documents required to complete the sale of the real property located at 11856 River Road in Forestville (the “Property”) in accordance with instructions from the escrow officer and for attorneys’ fees and costs pursuant to the Stipulation for Settlement (“Stipulation”) and Mutual Settlement and Release (“Settlement Agreement”) executed by the parties. The fundamental issue presented is whether Walliser was required by the parties’ agreements to make a portion of the settlement payment in cash to Wechsler in Florida. The court concludes that Walliser was not required to do so. The Motion is GRANTED for the reasons and on the terms set forth herein.
I. Relevant Factual History
This case arises out of an option to purchase the Property. The Parties attended a