HASTINGS v. MATLOCK

Docket No. A017480.

171 Cal.App.3d 826 (1985)

217 Cal. Rptr. 856

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, Sixth District.

August 28, 1985.


Attorney(s) appearing for the Case

COUNSEL

Harold Clinton Brown, Michael J. Brady, Mark G. Bonino and Ropers, Majeski, Kohn, Bentley, Wagner & Kane for Defendants, Cross-complainants and Appellants.

Gary L. Olimpia, Susan C. Chesebro, Gayle A. Zickgraff and Kelly, Leal & Olimpia for Plaintiff, Cross-defendants and Respondents.


OPINION

BRAUER, J.

Betty and Donald Matlock appeal from a judgment awarding respondents Carolyn and Doyle Hastings specific performance of an oral out-of-court settlement agreement. The Matlocks make six claims of error, which in essence run thus:

(1) The trial court erred in denying the Matlocks a jury trial on the issues of (a) whether the alleged settlement agreement existed at all, and (b) the precise terms thereof;

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