|
P0986 An action for breach of a settlement agreement reached in open court and memorialized in a writing by a party's attorney but not signed by the party is subject to the 4-year statute of limitations for an action arising from a written contract; the fact that the party to be charged admitted in court the existence of an agreement and its terms prevents application of the Statute of Frauds, even though by its terms the contract was not to be performed within a year.CitationPIETROBON v LIBARLE (Oral Stipulation) 137 CA4 992 [See: CCP 337, 664.6; CivC 1624; Wackeen v Malis 97 CA4 429, P/AT 5/02; Amen v Merced 58 C2 528]
|
|
