Epstein v. DeDomenico

Opinion

CHIN, J.

Joan and William Epstein (the Epsteins) appeal from a judgment enforcing a settlement reached at a court-supervised settlement

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conference. They contend that enforcement of the settlement was improper because their consent was obtained by coercion on the part of their attorney. In the published portion of this opinion, we find that the Epsteins waived their right to appeal by accepting the benefit of the settlement; therefore, the appeal is dismissed.

Facts

The appellate record is limited because this appeal arises out of a court-supervised settlement conference. However, certain facts are not disputed in the briefs. We treat those facts as true for purposes of this appeal, even though they are not established by record.

In 1985, the Epsteins bought an apartment building in Pacifica from respondent William DeDomenico (DeDomenico). The sale was brokered at least in part by respondent Cold well Banker Commercial Group, Inc., through its employees, respondents Darryle Isaac and Dennis Lanterman. The Epsteins became unhappy with their purchase, and in 1987 they filed suit against respondents. At some point, DeDomenico apparently initiated foreclosure proceedings against the property, for the record reflects that the Epsteins obtained an injunction prohibiting foreclosure and posted a $75,000 cash bond as security.

In mid-February 1989, an initial settlement conference failed. On March 6, the case was sent out to trial. After a four and one-half day settlement conference, the case was settled. Joan Epstein was present throughout the entire settlement conference and personally consented to the settlement on her own and her husband’s behalf. The return of the Epsteins’ $75,000 security deposit was included in the settlement. On April 4, the Epsteins obtained an order returning their $75,000 security deposit.

The Epsteins then became dissatisfied with the settlement. On June 30, Joan Epstein filed a declaration stating that she agreed to the settlement only because her attorney, Dawson, threatened to abandon the case and force them to trial without counsel. She also stated that she could not execute the proposed settlement documents before she obtained the services of another attorney. The Epsteins substituted themselves in propria persona.