Pope v. Potts CA2/6

Filed 1/19/23 Pope v. Potts CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

ILSE M. POPE, 2d Civil No. B322856 (Cons. w/ B322857) Plaintiff and Appellant, (Super. Ct. No. VCU281949) (Tulare County) v.

JASON E. POTTS,

Defendant and Respondent.

Appellant Ilse Pope settled a lawsuit against respondent Jason Potts for $350,000. In 2009, the trial court entered judgment against Potts after he defaulted on the first of five scheduled settlement payments to Pope. Pope sought to renew the judgment in 2020. The court clerk rejected her request as filed beyond the 10-year statute of limitations. (Code Civ. Proc., §§ 683.020, 337.5.)1 Pope then filed this enforcement action.

We refer to the Code of Civil Procedure unless stated 1

otherwise.

Pope alleged her settlement agreement with Potts remained enforceable. The trial court tentatively sustained Potts’ demurrer to the complaint without leave to amend. It changed course at hearing when Pope’s counsel insisted he could still plead a timely cause of action. The trial court granted leave but cautioned counsel that sanctions were forthcoming if the amended complaint did not present a “new or different” basis of recovery. The amended complaint did not clear this hurdle. The trial court sustained Potts’ second demurrer without leave and awarded $5,100 in monetary sanctions against counsel. This was less than the amount requested by counsel for respondent. Pope and counsel appeals the judgment of dismissal and the order granting sanctions. We affirm. The lynchpin of our ruling is cogently stated by Presiding Justice Turner: “‘The period prescribed in Section 683.020 [ten years] commences on the date of entry and is not tolled for any reason. . . .’” (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 201.) FACTUAL AND PROCEDURAL BACKGROUND Pope sued Potts in 2007 after she lost money in a series of real estate investments promoted by Potts and his associates.2 They signed a written settlement agreement in March of 2009 (settlement). Potts agreed to pay a total of $350,000 to Pope: $150,000 within 60 days, then $50,000 each year for the next four years on the anniversary of the initial payment. The settlement specified that Pope to seek judgment if Potts defaulted. Potts did not make the initial payment. The trial court entered judgment against him on July 6, 2009, for “monetary damages in the sum of