Krechuniak v. Noorzoy

Opinion

WALSH, J. * —

I. INTRODUCTION

This appeal challenges an order enforcing an agreement between two siblings, Aisha A. Krechuniak (Sister) 1 and her brother Zia Jamal Noorzoy (Brother), settling litigation concerning the failed development of a residential parcel in Pebble Beach. Sister was awarded a stipulated judgment of $850,000 against Brother as provided in their “MEMORANDUM OF SETTLEMENT.” Brother’s appeal contends that this amount includes a liquidated damages penalty of $250,000 that is unenforceable under Civil Code section 1671, an argument he did not make in the trial court. 2

We…