California | Civil Litigation
Legal Question
Remedy for Breach of Settlement Agreement
What is the course of action to remedy a breach in a settlement agreement involving real estate, when Plaintiff has not complied with terms of the agreement? Plantiff filed a civil action against me for fraud involving the transfer of real estate property. The case was referred to arbitration by court order and an agreement was reached between Plaintiff and Defendant.
Defendant agreed to pay Plaintiff X dollars, Provide a promissory note secured against property through a deed of trust and retain ownership of the property. Plaintiff would provide Defendant with written proof that lis pendens was removed from property and a notarized quitclaim deed. Plaintiff has not performed duties required by settlement agreement. Can this agreement be voided through a court action? If so, what course of action should be pursued to get this issue before a court?
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