AVI EDRI VS. TAMAR RACHEL KASSOFF-SOFIOV ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23608726 - July 30, 2025 Hearing date: July 30, 2025 Case number: CGC23608726 Case title: AVI EDRI VS. TAMAR RACHEL KASSOFF-SOFIOV ET AL Case Number: | | CGC23608726 | Case Title: | | AVI EDRI VS. TAMAR RACHEL KASSOFF-SOFIOV ET AL | Court Date: | | 2025-07-30 09:30 AM | Calendar Matter: | | Motion To Enforce Settlement Agreement Pursuant To Code Of Civil Procedures 664.6 And Supporting Declarations | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 30, 2025, line 4.

Defendant's Motion to Enforce Settlement Agreement is GRANTED, in part. Defendant may use a promissory note as part of the $600,000 Sofiov Consideration, under Section 4(c) of the Settlement Agreement. Contrary to Plaintiff's assertions, neither subdivision (a) nor (c) of Section 4, or any other term or provision in the Settlement Agreement, conditions the right to pay by promissory note upon a deadline.

Defendant's request for enforce Sections 2 and 3 of the Agreement, Dismissal of Partition Action, is denied. It is undisputed that Plaintiff complied with Section 2(b)(iii), which requires Plaintiff to execute and deliver to escrow a Request for Dismissal of this action. Section 3 provides that Escrow file the Dismissal. Section 3 cannot be enforced against Plaintiff as written.

Defendant's request for attorney's fees is denied. Given the competing motions to enforce the settlement agreement and the relief granted to each party, the Court does not find a prevailing party under Section 18 of the Settlement Agreement. =(501/GLW)

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