JTS Development v. Cooper and Colletti
In these cross appeals, the defendants, individually and as trustees of the Cooper-Colletti Trust, appeal from a judgment entered against them after the plaintiff’s motion to vacate a dismissal of the case was granted and a judgment entered to enforce one of two written settlement agreements. That relief was granted to the plaintiff pursuant to a motion brought under Code of Civil Procedure sections 473 and 664.6.
Defendants contend plaintiff’s section 473 motion to vacate was not timely brought and plaintiff’s section 664.6 motion lacked an enforceable settlement agreement because (1) no agreement was ever finalized and (2) Colletti’s signature on it was signed by Cooper. The court found no merit to any of those contentions.
Plaintiff has cross-appealed and challenges the trial court’s denial of attorney’s fees and costs associated with its motion. The settlement agreement has a provision for an award of fees and costs to the prevailing party in a section 664.6 motion brought to enforce its terms. Court found that the trial court erred in denying fees and costs to plaintiff. Court amended the judgment to provide for fees and costs, affirmed the judgment as amended, and remanded the case for a determination of a reasonable amount of trial and appellate court fees and costs.
Comments on JTS Development v. Cooper and Colletti