Masumima Case

Respondent, GAIL MATSUSHIMA (“MATSUSHIMA/RESPONDENT”), submits this Memorandum of Points and Authorities in support of her request to enforce the Memorandum of Agreement (“Agreement”) between herself and STEPHEN ROSS (“ROSS/PETITIONER”). The facts and evidence cited herein will demonstrate that it would be procedurally proper to enter a Judgment in this case under Code of Civil Procedure 664.6 by way of the agreement reached at the parties’ informal Settlement Meeting on October 1, 2014.
I. INTRODUCTION The parties were married on August 18, 1998, and separated on May 10, 2014, for a marriage of 15 years and 9 months. There are no minor children of the marriage. On October 1, 2014, a settlement was reached at the parties; informal Settlement Meeting (see Exhibit 1 & 2). Following the Settlement Meeting, Petitioner’s attorney prepared a proposed Memorandum of Agreement (MOA) to incorporate the terms of the agreement reached on October 1, 2014.
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II. LAW AND ARGUMENT
A. A CODE OF
On October 1, 2014, the parties along with their respective counsel and Mr. Brian Brinig met at Mr. Brinig’s office for a settlement meeting. Mr. Brining was involved as he performed a business evaluation on Bad Dog Insurance and could provide financial guidelines regarding the business as it related to the settlement agreement (see Exhibit 1). At this meeting, the parties reached an oral agreement on most of the outstanding issues (see Exhibit 2). Petitioner’s prior counsel, Nancy Bickford, reduced the oral agreement to writing (see Exhibit 3), reiterating that an agreement had been reached. As such, a “meeting of the minds” occurred on the material terms of the agreement when both parties indicated definitively, their assent to the material terms of the settlement agreement, creating an enforceable