Greentree Financial Group, Inc. v. Execute Sports, Inc

In Greentree Financial Group, Inc. v. Execute Sports, Inc. (2008) 163 Cal.App.4th 495, the plaintiff argued the amount specified in the judgment was reasonably related to the damages the plaintiff suffered based on the defendant's breach of the underlying financial services agreement. We rejected that argument because the relevant breach was the breach of the settlement stipulation, not the breach of the underlying financial services agreement. The trial court entered the judgment because the defendant breached the settlement stipulation, not because the defendant breached the underlying financial services agreement. When it entered into the settlement stipulation, the defendant released its claim for breach of the financial services agreement and the stipulation specifically declared that neither side admitted liability on that underlying claim. By entering into the settlement stipulation, the plaintiff substituted the defendant's undisputed obligation to pay $20,000 for the disputed claim based on the financial services agreement, the uncertainty of what, if anything, the trier of fact might award on that claim, and the outlay of time and money required to try the claim. Accordingly, any judgment based on the settlement stipulation had to be reasonably related to the anticipated damages caused by breach of the stipulation, not breach of the underlying financial services agreement. (Greentree, supra, 163 Cal.App.4th at pp. 499-500.) The parties reached a settlement they memorialized in a stipulation for entry of judgment, which provided the defendant would pay the plaintiff $20,000 in two installments, and if the defendant failed to make either payment the plaintiff was entitled to have judgment entered against the defendant for the full amount sought in the plaintiff's complaint, including interest and attorneys fees. The defendant failed to make the initial $15,000 payment and the plaintiff promptly asked the trial court to enter judgment against the defendant for more than $61,000, consisting of $45,000 in damages for breach of the underlying contract, nearly $14,000 in prejudgment interest, and more than $2,000 in attorneys fees and costs. Over the defendant's objection that the judgment was excessive, the trial court entered the requested judgment. (Greentree, supra, 163 Cal.App.4th at p. 498.) The Court reversed because the judgment for more than three times what the parties agreed to in settlement of the case bore no reasonable relationship to the range of actual damages the parties could have anticipated from a breach of the settlement stipulation. As we explained, "'Damages for the withholding of money are easily determinable--i.e., interest at prevailing rates.' ." (Greentree, supra, 163 Cal.App.4th at p. 500.) The Court further explained, "the judgment would have been enforceable if it had been designed to encourage the defendant to make its settlement payments on time, and to compensate the plaintiff for its loss of use of the money plus its reasonable costs in pursuing the payment," but the judgment for $40,000 more than the $20,000 required under the settlement stipulation went well beyond compensating the plaintiff for the damages it suffered and instead impermissibly punished the defendant for failing to pay. (Ibid.)