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Contracts
Breach of Contract

David Millstein dba Millstein & Associates v. Ares Papageorge, Katherine Papageorge, and Papageorgiou Inc. dba Royal Oak Bar

Published: Oct. 13, 2017 | Result Date: Aug. 31, 2017 | Filing Date: Sep. 26, 2014 |

Case number: CGC-14-541853 Bench Decision –  Plaintiff

Judge

Harold E. Kahn

Court

San Francisco County Superior Court


Attorneys

Plaintiff

David J. Millstein
(Millstein & Associates)

Gerald S. Richelson
(Millstein & Associates)

Samantha Wu
(Millstein & Associates)

Jason E. Fellner
(Millstein Fellner, LLP)

Caitlin T. DiMaggio
(Murphy, Pearson, Bradley & Feeney PC)


Defendant

Stella F. Epling
(North Beach Law) for Katherine Papageorge and Papageorgiou Inc.


Facts

Plaintiffs sued defendants for failing to pay for agreed upon legal services. On the first day of trial, the parties entered into an enforceable settlement agreement requiring defendants to pay plaintiff $85,000. Defendants failed to pay the amount due within the time permitted, which resulted in plaintiff filing a motion to enforce the settlement.

Contentions

PLAINTIFFS’ CONTENTIONS: Plaintiffs contended that defendants were in default of the settlement agreement.

DEFENDANTS' CONTENTIONS: Defendant Ares Papageorge filed a motion to vacate the settlement. The motion was denied, and the stipulated judgment was entered pursuant to the settlement agreement.

Result

Plaintiff's motion was granted and judgment was entered against defendants.


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