Follow up: We appeared to put stipulation on record to settle $70K breach of contract case on record before judge for $45K with

Asked over 1 year ago - San Diego, CA

25K in quarterly installments for five years. Transcript of settlement is brief. Says if a quarterly payment is missed, 70K shown due & sought in case is reinstated & accelerated. D breached -1st payment late and wrong amount, 2d wrong amount, 3rd missed but D made it up though I objected & told D late sum was applied to reduce debt but didn’t rectify breach(s) & 70K due. Suppose to dismiss but didn’t because defaults. Case is pending. Can I file judgment form for $70 and attach the recorder’s transcript to enter judgment? Or a motion or trial? What do I tell D? Thanks again.

Attorney answers (3)

  1. Shaun K. Boss

    Contributor Level 14


    Lawyers agree

    Answered . It would be necessary to review the Reporter's Transcript before advising you on the a manner in which to proceed.

    This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are... more
  2. Nicholas Basil Spirtos

    Contributor Level 20


    Lawyers agree

    Answered . This is a question that probably cannot be answered on AVVO, since someone would need to review some of the documents and the case history to give you an answer. Call your attorney and ask him.

  3. Isileli Tupou Manaia Mataele

    Contributor Level 19


    Lawyer agrees

    Answered . If you filed a default judgment or default then you cannot dismiss until you have those vacated.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more

Related Topics

Business contracts

A contract is an agreement voluntarily entered into by two or more parties that is intended to create legal obligations between them.

Business litigation and breach of contract

A breach of contract means breaking a binding legal document by failing to satisfy the terms of the contract without a lawful reason.

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