08 Dec: Mediation Message No. 89

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 89 STIPULATIONS FOR JUDGMENT Since some mediation settlements include stipulations for judgment, it is appropriate to discuss Greentree Financial Group, Inc. v. Executive Sports, Inc. (2008) 163 Cal.App.4th 495, which holds that such stipulations cannot include unenforceable penalties. The plaintiff in Greentree sued ESI for $45,000 for breach of contract. Before trial, the parties agreed in a stipulation for judgment that ESI would pay Greentree $20,000, in two installments….