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HASTINGS v. MATLOCK

Docket No. 46232.

107 Cal.App.3d 876 (1980)

166 Cal. Rptr. 229

DOYLE E. HASTINGS et al., Plaintiffs, Cross-defendants and Respondents, v. DONALD LEWIS MATLOCK et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, First District, Division One.

July 1, 1980.

Attorney(s) appearing for the Case

COUNSEL

Timothy J. Ward, Hays, Sanford & Latta, Harold C. Brown and Garret McEnerney II for Defendants, Cross-complainants and Appellants.

Phillip M. Steinbock, Steinbock & Hofmann, Gary L. Olimpia, Kelly, Leal & Olimpia and Mark F. Schroeder for Plaintiffs, Cross-defendants and Respondents.

OPINION

RACANELLI, P.J.

The questions on appeal arise as a result of the enforcement of an alleged out of court oral settlement of litigation which included an action for rescission of a real estate transaction, a cross-action for damages and a separate action for unlawful detainer. The pivotal issue centers upon the validity of the use of a nonstatutory "speaking motion" seeking to compel specific enforcement of such a disputed oral...

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