Motion to Enforce Settlement Agreement
CASE NUMBER: CVPB20-0030695 This matter is on calendar for further proceedings regarding resetting of settlement conference regarding status of settlement. This matter is also on calendar for hearing on Trustee’s Notice of Motion and Motion to Enforce Settlement Agreement. The matter has been properly noticed with proof of service on file. No objections have been raised.
The Court’s order dated November 12, 2020, has an agreement attached that established distribution of the trust. A motion for enforcement of the settlement agreement was filed by the former trustee, Carol Layton, on January 31, 2022. The motion was continued multiple times by the request of counsel for various reasons. While the motion for enforcement was pending, the successor trustee Karalee Layton, filed a Petition for Recovery of Trust Property on June 28, 2024. The Petition alleges that Brennan Asset Management Group inadvertently sent Major Herrick and Gary Herrick overpayments of $107,455.00 each, to the detriment of George Herrick, and that Major and Gary would not return the overpaid funds.
Gary then filed a Petition for an Accounting. An amended Petition for Recovery of Trust Property was filed on October 15, 2024, alleging the same overpayment claims as the first petition. The Ms. Layton also filed a Petition for Settlement of First Account and Report on November 26, 2024. All matters were continued again to January of 2025. The parties appeared on January 27, 2025, and stated that a settlement of all matters had been reached. The parties appeared on October 13, 2025, and stated that the settlement had been fully signed and payment would be made by Major and Gary forthwith.
The matter has been continued several times for status of compliance with repayment.
The present motion seeks to enforce the agreement from October of 2025 regarding repayment of the $107,455.00 by Major and Gary and requests the Court enter a judgment in the amount of $107,455.00 against Major and Gary each, plus reasonable attorney’s fees and costs. A copy of the agreement has not been submitted, thus the Court is unable to determine the terms of the agreement, whether the agreement resolves all pending petitions and motions, and whether the requested judgment is appropriate. The 12
matter is continued to Monday, August 3, 2026, at 2:30 p.m. in Department 44 for further proceedings on the Motion to Enforce Settlement Agreement and all remaining Petitions and Motions. A copy of the settlement agreement from October of 2025 is required to be filed. Petitioner is also required to file and serve a new Notice of Hearing for the continued hearing date on all parties entitled to notice. No appearance is necessary on today’s calendar.
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IN RE: LANA FRYE AND ROBERT KEOUGH FRYE REVOCABLE TRUST