Daniel v. BP West Coast CA5
Appellant Hubert Daniel appeals the entry of judgment and dismissal of his complaint based on an alleged settlement of pending litigation with respondents BP West Coast Products (BP West Coast) and Atlantic Richfield Company (collectively BP). As he did in the court below, Daniel contends on appeal that he did not authorize the alleged settlement and, further, that there is no final, enforceable agreement between the parties.
As we shall explain, we do not agree that the parties entered a final, binding settlement agreement upon which judgment could be entered and Daniel’s complaint dismissed. Accordingly, we reverse and remand for further proceedings consistent with this opinion. Because we reverse on grounds that Daniel did not enter into an enforceable agreement, we do not reach the merits of the trial court’s holding that Daniel’s attorney had the requisite authority to bind him to a settlement.
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