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California Civil Procedure, Keyed to Levine, 6th Ed.
Walton v. Mueller
Citation:
180 Cal. App. 4th 161, 102 Cal. Rptr. 3d 605 (2009)Facts
Timothy Walton, an attorney representing himself, filed a complaint against Scott Mueller and others alleging violations of California’s restrictions on unsolicited commercial email advertisers under Business and Professions Code section 17529.5. Walton alleged Mueller sent him forty unsolicited commercial emails and sought $1,000 in statutory liquidated damages for each email. Default was entered against Mueller in January 2006, and a default judgment of $40,000 was entered in August 2006. The judgment became final when the time for appeal passed. Two years later, in August 2008, Mueller’s counsel proposed settling the judgment for $15,000 payable in installments. Negotiations ensued with various counteroffers, but the parties disputed whether they reached an enforceable agreement. Meanwhile, Walton began executing on the judgment by levying Mueller’s bank account. Mueller filed a motion under section 664.6 to enforce what he claimed was a binding settlement based on correspondence, but without having actually paid any money toward the alleged settlement amount.
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