I have read C. C. 3300 and all parts below it, and they do not answer my question below. The issue is two fold:
1) with the rulings in the Syborn and Greentree cases, settlement agreements can no longer be considered valid with a stipulation that default by the defendant to the agreed upon settlement, will result in the plaintiff's right to sue for and receive the full amount of the original suit, plus anything else spelled out in the settlement agreement. I was given that option last year when I agreed to a settlement, and was told by both the mediator and the judge that it was a valid and an enforceable stipulation. Now I find out that it is not, and a new Small Claims Judge ruled against me using the conclusions of the Syborn and Greentree cases when the person I am suing defaulted big time.
2) During my intense research, I remember finding some sort of code or rule that stated that when such an agreement or contract as stated above is breached due to missed or stopped payments, the plaintiff has the right to receive compensation for that breach, even if the defendant does finally make the final payment after the due date, and/or after the breach of contract is filed. Now I can not find it. I thought I saved it, but it is no where to be found via google and other searches.
Hence, that is the corner I am in. Does anyone know what I am talking about, or who might have some insight to this dilemma?
Thanks in advance.
1) with the rulings in the Syborn and Greentree cases, settlement agreements can no longer be considered valid with a stipulation that default by the defendant to the agreed upon settlement, will result in the plaintiff's right to sue for and receive the full amount of the original suit, plus anything else spelled out in the settlement agreement. I was given that option last year when I agreed to a settlement, and was told by both the mediator and the judge that it was a valid and an enforceable stipulation. Now I find out that it is not, and a new Small Claims Judge ruled against me using the conclusions of the Syborn and Greentree cases when the person I am suing defaulted big time.
2) During my intense research, I remember finding some sort of code or rule that stated that when such an agreement or contract as stated above is breached due to missed or stopped payments, the plaintiff has the right to receive compensation for that breach, even if the defendant does finally make the final payment after the due date, and/or after the breach of contract is filed. Now I can not find it. I thought I saved it, but it is no where to be found via google and other searches.
Hence, that is the corner I am in. Does anyone know what I am talking about, or who might have some insight to this dilemma?
Thanks in advance.
