Litigant Didn't Honor Terms of Stipulated Agreement

This is a discussion on Litigant Didn't Honor Terms of Stipulated Agreement within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; California. I recently settled a case out of court with a stipulated agreement in an unlawful detainer case. The terms ...

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Old Sep 4th, 2009, 11:41 AM   #1
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Default Litigant Didn't Honor Terms of Stipulated Agreement

California.

I recently settled a case out of court with a stipulated agreement in an unlawful detainer case. The terms specified that if I vacated by a specific date, no judgment would be entered in my case (it would be dismissed), and the case would become confidential (no public record of the filing). If I didn't vacate, not only would there be a money judgment but I would also be liable for attorney's costs to pursue collection of the judgment.

I vacated the premises, a day earlier than scheduled. But the other side has not done their part. The case still is viewable in public records, shows as "disposed" and identifies that there was a stipulated judment, and has not been dismissed as agreed.

What is the best way to reinforce the terms of the stipulated agreement? I'm applying for an apt this weekend, and with that eviction filing showing on there, I will be rejected for sure. (Most potential landlords will reject you if you've even been involved in an eviction case, regardless of the outcome.)

I want to protect myself, something that agreement was supposed to do. But since the Plaintiff has not fulfilled their side of the agreement, I am exposed to rejection after rejection of potential landlords. How should I proceed and what consequences can I hold them to?
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