Blueberry Properties, LLC v. Chow

Filed 10/22/14 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

BLUEBERRY PROPERTIES, LLC, B254259

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC473469) v.

ESTHER KHOE CHOW,

Defendant and Appellant.

APPEAL from order of the Superior Court of Los Angeles County, Frederick C. Shaller, Judge. Affirmed.

Esther Khoe Chow, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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INTRODUCTION Defendant Esther Khoe Chow appeals the trial court’s post-judgment order appointing the clerk of the court as an elisor to execute an escrow agreement on behalf of Chow. Chow had entered into a settlement agreement to sell her property to Plaintiff Blueberry Properties, LLC (Blueberry). When Chow refused to consummate the sale to Blueberry, the court entered judgment pursuant to the terms of the settlement agreement under Code of Civil Procedure section1 664.6, ordering Chow to complete the sale. At Blueberry’s request, the court issued an order appointing an elisor to effect sale of the property. We affirm the trial court’s order because it was proper under section 128, subdivision (a)(4), which empowers the court to compel obedience to its judgments. FACTS AND PROCEDURAL BACKGROUND In June 2011, Chow entered into an agreement to sell her apartment complex located at 1242 Lilac Place, Los Angeles, California. However, Chow refused to complete the sale and returned the money Blueberry had placed in escrow for the property. Blueberry brought the present action for specific performance to enforce the purchase agreement. In July 2012, the parties entered into a settlement, where Chow agreed to sell the property to Blueberry in accordance with the terms of their original purchase agreement. Chow failed to comply with the settlement agreement by withholding her signature from documents necessary to reopen and complete the sale of the property. In April 2013, the trial court entered a judgment pursuant to section 664.6 in favor of Blueberry against Chow, setting forth the terms of their settlement agreement. It stated that “Esther Chow [is] ordered to do all things necessary and to execute all documents necessary to consummate the sale by Defendant, Esther Chow to Plaintiff, BLUEBERRY PROPERTIES, LLC, A California Limited Liability Company of the real property located at 1242 Lilac Place, Los Angeles, California.” The judgment further provided that “Esther Chow shall do all things necessary and execute all documents necessary to