Riley v. McDonald
Filed 5/16/06 Riley v. McDonald CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
WILLIAM RILEY, Plaintiff and Appellant, v. DEBORAH MCDONALD, Defendant and Respondent. | H028756 (San Benito County Super. Ct. Nos. CL-03-00404, CU-03-00156) |
Appellant Willie J. Riley appeals from an order granting partial judgment pursuant to a stipulated settlement agreement (Code Civ. Proc. § 664.6)[1] and dismissing three causes of action in his complaint against Deborah McDonald. Because the judgment does not dispose of all of the causes of action between the parties, and because further judicial action will be necessary for a final determination of the rights of the parties pursuant to their settlement agreement, we find that the judgment is necessarily interlocutory and thus not appealable. (Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 741.) We will therefore dismiss the appeal.
BACKGROUND
Deborah L. McDonald (McDonald) and Willie J. Riley (Riley) were business associates and also had a personal relationship. In February of 2002, they entered into an oral agreement regarding the purchase of a residence on Merrill Road in San Benito County (the property). They agreed that McDonald would take out a loan to purchase the property and Riley would make the necessary down payment, would be entitled to live in the house, and would pay the monthly mortgage, as well as taxes and insurance. Within one year, Riley was to secure a new loan on the property and purchase it from McDonald.
McDonald purchased the property on or about February 21, 2002, with a down payment from Riley of approximately $25,000, and a new loan secured by McDonald in the approximate amount of $520,152. Riley began living in the house and paid the monthly mortgage payments until October 1, 2003. McDonald paid the property taxes and insurance and made the monthly mortgage payments from October 1, 2003.
On November 26, 2003, McDonald filed an unlawful detainer action against Riley, claiming â€
