2011-00101133-CU-OR

Kelsey Johnson vs. John M. Meyer

Nature of Proceeding:    Motion to Enforce Settlement

Filed By:   Briscoe, Katie E.

Cross-defendant Kelsey Johnson’s Motion to Enforce Settlement Agreement is
unopposed and is granted.

The Court is not considering the late filed opposition.  Local Rule 2.31(c).  The
opposition was filed on February 5, 2014,  three court days before hearing.
Oppositions are due nine court days before the hearing.  CCP 1005(b).

If parties to pending litigation stipulate, in a writing signed by the parties outside the
presence of the court or orally before the court, for settlement of the case, or part
thereof, the court, upon motion, may enter judgment pursuant to the terms of the
settlement. If requested by the parties, the court may retain jurisdiction over the parties
to enforce the settlement until performance in full of the terms of the settlement. CCP§
664.6

Cross-defendant contends that cross-complainants have not complied with the
settlement agreement with regard to the tearing down of fence and moving the gate on
a fence constructed between the parties’ common driveway.  Cross-defendant
contends that the gate is in the wrong location.

Pursuant to the agreement, attorneys fees are awarded to moving party in the amount
of $2,000.

The prevailing party shall prepare a formal order for the Court’s signature pursuant to
C.R.C. 3.1312.