Canaan Taiwanese Christian Church v. All World Mission Ministries
211 Cal. App. 4th 1115
| Cal. Ct. App. | 2012Background
- CTCC sued AWMM/World Mission for unlawful detainer over three Mountain View properties; oral settlement presented on the record May 18, 2011; settlement required surrender of two residential properties and a four-month new lease for the third property; oral release provision purportedly released AWMM and Pastor Lee from claims; Pastor Lee authorized Eugene Chen to sign on AWMM’s behalf; court entered ex parte order to compel execution of a written settlement; AWMM challenged personal-capacity signature by Pastor Lee and lack of personal jurisdiction over him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pastor Lee released personal claims in his capacity as AWMM's representative | AWMM argues release was only to AWMM, not Lee personally | CTCC contends release included Lee personally | No personal-capacity release by Lee; court cannot compel Lee personally |
| Whether the oral settlement was enforceable under 664.6 against AWMM | Oral term binding and enforceable; AWMM bound by terms | AWMM cannot be enjoined personally; agreement lacks proper execution by AWMM | Oral terms were binding on AWMM; 664.6 requires AWMM to stipulate; court erred in enforcing against Lee personally |
| Whether the court had personal jurisdiction over Pastor Lee | Pastor Lee appeared to authorize AWMM’s settlement and signed on its behalf | Pastor Lee was not a party; appearance did not give personal jurisdiction | No personal jurisdiction over Lee; cannot compel personal-signature or enforce against him |
| Whether AWMM had standing to appeal the order | AWMM is aggrieved as the settlement affects it | Pastor Lee not a party; standing challenged | AWMM has standing to appeal as aggrieved party |
Key Cases Cited
- Teitelbaum Furs, Inc. v. Dominion Ins. Co., 231 Cal.App.2d 80 (Cal. App. Dist. 2 1964) (standing to appeal; dismissal of Teitelbaum as nonparty)
- Levy v. Superior Court, 10 Cal.4th 578 (Cal. 1995) (section 664.6; party identity; enforcement authority)
- Weddington Productions, Inc. v. Flick, 60 Cal.App.4th 793 (Cal. App. Dist. 6 1998) (contract interpretation of settlements; mutual intention)
- Parsons v. Bristol Development Co., 62 Cal.2d 861 (Cal. 1965) (contract interpretation; context matters)
- Nish Noroian Farms v. Agricultural Labor Relations Bd., 35 Cal.3d 726 (Cal. 1984) (contextual evidence in contract interpretation)
- Gauss v. GAF Corp., 103 Cal.App.4th 1110 (Cal. App. 2d Dist. 2002) (agency authority for corporate settlements; 664.6 application)
- Tokio Marine & Fire Ins. Corp. v. Western Pacific Roofing Corp., 75 Cal.App.4th 110 (Cal. App. 2d Dist. 1999) (nonparty insurer bound by litigation results; lack of jurisdiction over insurer)
- Reed v. Murphy, 196 Cal. 395 (Cal. 1925) (consent judgments vs. terms of stipulation)
- Elyaoudayan v. Hoffman, 104 Cal.App.4th 1421 (Cal. App. 2d Dist. 2003) (oral settlements and enforceability)