Paulette Dobbins v. Jeffery F. Dabbs, Jr., Jeanette Dabbs, Jeffery F. Dabbs, Sr., and Accredited Home Lenders, Inc., A California Corporation

This case involves accord and satisfaction. The defendants fraudulently transferred real property
owned by the plaintiff. The plaintiff filed this lawsuit against the defendants for damages related to
the fraudulent transfer. The parties later agreed to settle the matter for approximately $6,000. The
defendants initially paid the plaintiff $3,000 pursuant to the settlement agreement. Before the
remainder was paid, the plaintiff repudiated the agreement in writing. Later, the defendants sent the plaintiff a check for the remainder of the settlement. The plaintiff kept the second payment, but told the defendants that she did not consider the payment to satisfy the debt and stated her intent to set the case for trial. At the subsequent trial, the defendants did not appear. A judgment was entered in favor of the plaintiff for $58,000. The defendants filed a motion to set aside the judgment as well as a motion to dismiss the case, based on the original settlement agreement. The trial court granted the defendants’ motions and dismissed the case on that basis. The plaintiff now appeals. We affirm, concluding that the parties’ settlement agreement was an executory accord which was not effectively repudiated and was properly enforced under the circumstances.