Harris v. Rudin, Richman & Appel

Opinion

JOHNSON, Acting P. J.

In this action for breach of a settlement agreement, both sides moved for summary judgment. The trial court granted plaintiff’s motion and denied defendants’ motion. Defendants moved for reconsideration, for an order setting aside and vacating the judgment and for a new trial. The trial court denied those motions and awarded sanctions against defendants on the latter two motions. We reverse the judgment for plaintiff because defendants raised triable issues of fact as to whether they were entitled to rescind the agreement based on a mutual mistake of fact or law.…