PIETROBON v. LIBARLE

Filed 3/21/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

Introduction

Defendant Marc Libarle appeals from a judgment of the Sonoma County Superior Court in favor of plaintiff Renzo Pietrobon on plaintiff's action against defendant for breach of a settlement agreement. Defendant contends there was no written settlement agreement and that the court erred in ruling that the four-year statute of limitations for an action upon a contract founded upon an instrument in writing (Code Civ. Proc., § 347^[1]) applied. He further argues that if there was a written agreement, it did not satisfy the statute of frauds (Civ. Code, § 1624, subd. (a)) because he had never signed it.

Facts and Procedural Background

The relevant facts are undisputed. On May 11, 2000, defendant, an attorney, and plaintiff, a former client, entered into a settlement of plaintiff's lawsuit against defendant in open court before the Honorable Raymond J. Giordano. The parties agreed to a stipulated judgment in the total amount of $55,000, and that defendant would pay plaintiff certain sums on a payment schedule over a two-year period. The parties agreed that if defendant made payments in accordance with the schedule set forth on the record, the debt would be discharged after payment of $45,000 ($10,000 of which was paid at the hearing and subsequent payments of $8,750 that were to be made every six months thereafter for two years). If defendant were late under the terms of the agreement, plaintiff â€