legal news


Register | Forgot Password

Carter v. Hunt Club Community Assn.

Carter v. Hunt Club Community Assn.
03:02:2007

Carter v


Carter v. Hunt Club Community Assn.


Filed 2/9/07  Carter v. Hunt Club Community Assn. CA4/3


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FOURTH APPELLATE DISTRICT


DIVISION THREE







WAYNE CARTER, as Trustee, etc.,


      Plaintiff and Appellant,


            v.


HUNT CLUB COMMUNITY ASSOCIATION et al.,


      Defendants and Respondents.



         G036053


         (Super. Ct. No. 05CC06294)


         O P I N I O N


                        Appeal from a judgment of the Superior Court of Orange County, Randell L. Wilkinson, Judge.  Reversed and remanded with directions pursuant to Code of Civil Procedure section 128, subdivision (a)(8).


                        Lawrence A. Witsoe; Epsten Grinnell & Howell, Steven L. Banks; Law Office of Luis E. Ventura and Luis E. Ventura for Plaintiff and Appellant.


                        Klinedinst, Neil R. Gunny; Feldsott & Lee and Martin L. Lee for Defendants and Respondents.


*          *          *


THE COURT:*


                        The parties have stipulated that the judgment in this anti-SLAPP appeal be dismissed in order to facilitate a settlement, which calls for a joint application for a stipulated reversal of the trial court's rulings and related judgment. 


                        We accept the stipulation pursuant to Code of Civil Procedure section 128, subdivision (a)(8)[1], and grant their request for a stipulated reversal.  We find that mutually negotiated settlements actually further the interests of the anti-SLAPP statute, which is designed to promote the early resolution of lawsuits that drain the parties' resources.  (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 192 (Varian Medical Systems).)  The parties have informed us that they have resolved the underlying dispute â€





Description The parties have stipulated that the judgment in this anti SLAPP appeal be dismissed in order to facilitate a settlement, which calls for a joint application for a stipulated reversal of the trial court's rulings and related judgment.
Court accept the stipulation pursuant to Code of Civil Procedure section 128, subdivision (a)(8), and grant their request for a stipulated reversal. Court find that mutually negotiated settlements actually further the interests of the anti SLAPP statute, which is designed to promote the early resolution of lawsuits that drain the parties' resources. (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 192 (Varian Medical Systems).) The parties have informed us that they have resolved the underlying dispute "and want it put behind them completely so that they can move on."
The order and judgment of dismissal based on the granting of the anti SLAPP motion is reversed pursuant to the parties' stipulation, and the remittitur shall immediately issue when this opinion becomes final in this court.
Rating
0/5 based on 0 votes.

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale