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LAWRENCE v. CITY AND COUNTY OF SAN FRANCISCO (2021)

United States Court of Appeals, Ninth Circuit.2021-07-29No. No. 19-15917

Summary

Holding. The court affirmed the district court's order enforcing the oral settlement agreement, finding no abuse of discretion in the lower court's determination that Lawrence accepted the settlement terms.

Emil Lawrence challenged a district court's decision to enforce an oral settlement agreement in his federal civil rights case alleging excessive force. The appellate court reviewed whether the lower court abused its discretion in finding that Lawrence had accepted the terms of a complete settlement. The court concluded that the district court properly applied contract law principles under California law and that its factual findings regarding Lawrence's acceptance were not clearly erroneous.

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Key issues

  • Whether the district court abused its discretion in enforcing an oral settlement agreement
  • Whether Lawrence's acceptance of settlement terms was clearly erroneous
  • Application of California contract law to settlement enforcement in federal court

Procedural posture

Lawrence appealed pro se from a district court order granting the defendants' motion to enforce a settlement agreement in a civil rights action under 42 U.S.C. § 1983.

Authorities cited

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Opinion

MEMORANDUM ***

Emil Lawrence appeals pro se from the district courts order granting defendants’ motion to enforce a settlement agreement in his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Doi v. Halekulani Corp., 276 F.3d 1131, 1136 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion in enforcing the oral settlement agreement because its finding that Lawrence accepted the terms of a complete settlement agreement was not contrary to law or clearly erroneous. See Golden v. Cal. Emergency Physicians Med. Grp., 782 F.3d 1083, 1089 (9th Cir. 2015) (construction and enforcement of a settlement agreement is governed by local law of contract interpretation); Maynard v. City of San Jose, 37 F.3d 1396, 1401 (9th Cir. 1994) (reversal of decision regarding enforceability of settlement agreement “is appropriate only if the court based its decision on an error of law or clearly erroneous findings of fact”); see also Cal. Civ. Code § 1550 (setting forth essential elements to the existence of a contract under California law).

We reject as without merit Lawrences contentions that the district court was biased against him and violated his constitutional rights.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Lawrences motion for an extension of time is denied as unnecessary.

AFFIRMED.