Kraemer v. DeMartini CA3
This case concerns use of a roadway that crosses property owned by Holly Kraemer to access parcels owned by the DeMartinis. After judgment was entered in Holly’s favor, Holly entered into a stipulation (the Stipulation) with Michael, Renate, James, and Ruth DeMartini providing, among other things, that an application to modify the judgment could be filed with the trial court if no appeal was filed. The trial court issued postjudgment orders consistent with the Stipulation. But after Michael and Renate filed a notice of appeal, Holly moved to rescind the Stipulation and to set aside the postjudgment orders. The trial court granted Holly’s motion as to Michael and Renate because they had appealed, but denied it as to James and Ruth because they did not appeal.
Holly now contends the appeal by Michael and Renate resulted in a complete failure of consideration for the Stipulation, entitling Holly to rescind her agreement even if James and Ruth did not appeal.
Comments on Kraemer v. DeMartini CA3