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Litigant didn't fulfill their part of stipulation

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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Ca

I was part pof a recent litigation (civil, unlawful detainer) in which the plaintiff and I entered intpo a stipulated judgment. We agreed to vacate the premises by the following Sunday at midnight, and if we did, there would be no moneu judgment, and the case would be dismissed and sealed/made confidential. If we failed to vacate by the specified time, we would have a monetary judgment for damages and attorney fees entered against us.

We fulfilled out part of the stipulation, and vacated a day earlier than required. However, the Plaintiff has still not dismissed the case against us and the case is still open to the public view.

What would be our next step and what recourse would we have? We are applying for apartment rentals in the coming week, but are concerned that an eviction action will show on our record when it should have been removed per the agreed-upon stipulation agreement.

Forum trolls need not reply, this is not about whether or not we deserve the eviction on our record (we don't, which is why the agreement was made), it's about what to do to enforce the agreement that we both decided was fair and appropriate. Any legitimate responses would be appreciated.
 



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