Legal Opinion

Elnekave v. via Dolce Homeowners Ass'n

California Court of Appeal

Decided September 12, 2006No. B184526PublishedCited by 2 opinions

1Opinion of the Court

Opinion

RUBIN, J.

Defendant Via Dolce Homeowners Association appeals from the judgment entered to enforce a settlement agreement with plaintiffs Israel and Sara Elnekave (Code Civ. Proc., § 664.6) in this action for water and mold damage to the Elnekaves’ condominium. Because only the association’s insurer and a third party representative agreed to the settlement, and not a member of its corporate board or a corporate officer, we reverse. The Elnekaves have cross-appealed, asking that if we reverse the judgment, we also reverse the concomitant order dismissing their complaint. We also reverse…

2Cases cited7 opinions

  1. Landry v. Berryessa Union School DistrictCalifornia Court of Appeal · 1995
  2. Levy v. Superior CourtCalifornia Supreme Court · 1995
  3. Gauss v. GAF Corp.California Court of Appeal · 2002
  4. Sigala v. Anaheim City School DistrictCalifornia Court of Appeal · 1993
  5. Barrientos v. City of Los AngelesCalifornia Court of Appeal · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Doe 1 v. Franciscan Friars of California, Inc.California Court of Appeal · 2010
  2. Machado v. MyersCalifornia Court of Appeal · 2019

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