Machado v. Myers
Annotate this CaseAppellants Bryan and Jackie Myers appealed after the trial court refused to set aside a judgment settling a disagreement between neighbors. Their homes sit on adjacent lots that were once part of a single parcel which, when subdivided, did not account for a five-foot setback for a part of one home now owned by Appellants. The problematic property line has spawned a host of disputes between the neighbors involving encroaching tree roots and the placement of an air conditioning unit, fencing, and security cameras. The Machados sued Appellants in 2014. The operative complaint asserted causes of action for nuisance, trespass, harassment, and violation of the right to privacy, among others. In February 2016, the case settled during a settlement conference on the eve of trial. The settlement terms were recited on the record, in open court. The parties acknowledged agreement to all terms. Appellants contended the judgment did not conform to the terms of the parties' stipulated settlement, which was entered orally before the court. The Machados contended Appellants' failure to comply with the terms of the settlement relieved them of their obligation to perform certain provisions originally contemplated in the parties' settlement, and thus the entry of a judgment modifying the original settlement terms was justified. The Court of Appeal concluded the judgment entered pursuant to section 664.6 erroneously failed to conform to the terms of the parties' stipulated settlement agreement. Therefore, judgment was reversed and the trial court directed to enter a new judgment setting forth all the material terms of the parties' settlement agreement, as reflected in the record.
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