Thomas Dee Engineering v. Khtikian CA1/2
Appellant Thomas Dee Engineering Company, Inc. appeals after the trial granted the motion of respondent Warren Kent Khtikian, to enforce a settlement between the parties, pursuant to Code of Civil Procedure section 664.6. On appeal, appellant contends the trial court erred when it granted the motion because (1) the settlement agreement was based on “an unenforceable agreement to agree” in that documents containing a release and reservation of jurisdiction, to which the agreement referred, had not yet been prepared, (2) the trial court lacked jurisdiction to force appellant to consent to release and reservation of jurisdiction documents prepared by respondent and modified by the court, and (3) the court improperly refused to delete language excluding Arrowood from the release agreement or add language requiring respondent to dismiss with prejudice his cross-complaint against Arrowood Indemnity Company (Arrowood). We shall affirm the judgment.
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