Lee v. Bank of America CA3

Filed 3/30/22 Lee v. Bank of America CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Calaveras) ----

DON H. LEE, C091938

Plaintiff and Appellant, (Super. Ct. No. 17CV42098)

v.

BANK OF AMERICA, N.A.,

Defendant and Respondent.

Plaintiff Don H. Lee and defendant Bank of America, N.A., settled a prior action between them. Before the terms of the settlement had been satisfied, Lee filed this action against Bank of America alleging causes of action related to the settlement. After the terms of the settlement in the prior action had been satisfied, the trial court ordered the parties to show cause why this case should not be dismissed as moot. After a hearing, the trial court dismissed this action as moot.

1

Lee now contends (1) the trial court improperly determined mootness at a hearing on an order to show cause, (2) the trial court improperly relied on inadmissible evidence, and (3) the trial court erred in finding the case moot. Finding no error, we will affirm the judgment. BACKGROUND In case No. 14CV40435, Bank of America sued Lee concerning a deed of trust secured by real property in Calaveras County.1 In a settlement conference for that case, the parties agreed to settle the case with specific terms. Two of the major terms were that Lee would reconvey the deed of trust and Bank of America would pay Lee $5,000. The parties agreed that Bank of America would prepare a formal settlement agreement. While Lee reconveyed the deed of trust, he refused to sign the settlement agreement prepared by Bank of America. And Bank of America did not give Lee $5,000. On January 9, 2017, Lee filed this action (case No. 17CV42098) against Bank of America, alleging four causes of action relating to the settlement agreement in case No. 14CV40435 and Bank of America’s failure to pay him $5,000. The four causes of action were for breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, and cancellation of a recorded instrument. Bank of America moved to enforce the settlement under Code of Civil Procedure section 664.6 and to obtain an order for Lee to sign the settlement agreement. The trial court granted Bank of America’s motion and ordered Lee to sign the settlement agreement. On its own motion, the trial court found that case No. 17CV42098 had been rendered moot by the settlement and therefore dismissed it. (Bank of America N.A. v. Lee, supra, C084613.) Lee appealed, and this court affirmed the trial court’s order