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Clerk Of The Court To Execute Escrow Documents.

January 14, 2015 by Leave a Comment

Clerk Of The Court After the parties agreed to a property purchase, the seller/defendant refused to complete the sale and returned the money the buyer/plaintiff placed in escrow. The buyer brought this action for specific performance. The parties thereafter settled the matter, but once again the seller failed to comply by withholding signature from necessary documents. The trial court entered judgment pursuant to the terms of the settlement agreement under Code of Civil Procedure section 664.6, ordering the seller to complete the sale and also appointing the clerk of the court as an elisor to execute an escrow agreement on behalf of the seller. The seller appealed and the appellate court affirmed the trial court’s order “because it was proper under [Code of Civil Procedure section 128, subsection (a)(4)], which empowers the court to compel obedience to its judgments.” (Blueberry Properties, LLC v. Chow (Cal. App. Second Dist., Div. 3; October 22, 2014) 230 Cal.App.4th 1017, [179 Cal.Rptr.3d 145].)

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