Greentree Financial Group, Inc. v. Execute Sports, Inc.
Where trial court judgment awarding plaintiff $61,232.50 pursuant to a stipulated judgment after defendant defaulted on a contractual obligation to make an installation payment, the judgment was unenforceable under Civil Code Sec. 1671(b) because the award bore no reasonable relationship to the range of actual damages that the parties could have anticipated would flow from a breach of the agreement. Where the stipulation did not contain any provision for an award of attorney fees or prejudgment interest, trial court had no basis for awarding plaintiff attorney fees and prejudgment interest in addition to the stipulated settlement sum.
Greentree Financial Group, Inc. v. Execute Sports, Inc. - filed May 6, 2008, publication ordered May 28, 2008, Fourth District, Div. Three