Colmenar v. Colmenar
The action below was originally resolved by a settlement requiring defendants to make annual installment payments to plaintiffs. Defendants defaulted on an installment payment, causing an increase in, and an acceleration of, the debt. Based on the default, plaintiffs moved the trial court for an order entering a judgment pursuant to the default procedures in the settlement agreement. Defendants responded with, inter alia, a motion asserting an offset against any amounts allegedly in default, based on a separate judgment that they had obtained against respondents and an uninvolved third party. The trial court granted plaintiffs’ motion for entry of judgment and denied defendants’ motion asserting an offset.
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