CV Properties v. Hojabri
This case involves lawsuits brought by the buyer and the sellers broker in connection with an agreement for the purchase and sale of residential property. The broker settled its lawsuit, stipulating with the seller before trial to the terms of a judgment to be entered in the brokers favor. At the conclusion of a jury trial on the buyers claims for breach of contract, specific performance and fraud, the jury returned a special verdict in the buyers favor containing several inconsistencies. Before the jury was discharged, the parties agreed in open court on terms to be included in a judgment and waived certain irregularities in the special verdict form. The buyer was directed to prepare a judgment. The seller filed objections to the proposed judgment prepared by the buyer. After a hearing, the trial court entered the judgment. The judgment included the terms to which the broker and seller had previously stipulated.
The seller and the broker filed appeals. Court conclude that:
(1) The judgment in favor of the buyer was not a stipulated or consent judgment, because there was no meeting of the minds between the parties as to the terms of the judgment. Because the parties did not agree, the trial court erred in entering a judgment which awarded the buyer both specific performance and damages, and the judgment therefore must be reversed. On remand, the buyer may elect specific performance, in which event a new judgment should be entered accordingly. If the buyer does not elect the remedy of specific performance, the court must conduct a new trial on damages.
(2) The broker may not appeal because the broker consented to the judgment and expressly waived its right to appeal.
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