Facts: A buyer and seller enter into a purchase agreement for a property. The seller later refuses to close escrow. The buyer sues the seller for performance to enforce the sale and they enter into a settlement to complete the sale per the terms of the purchase agreement. The seller fails to comply with the settlement terms and refuses to sign escrow documents to complete the sale. The buyer subsequently applies for an order appointing the clerk of the court to execute the escrow documents on behalf of the seller and the trial court grants the order.
Claim: The seller claims the trial court does not have the authority to appoint a clerk of the court to execute the escrow documents on behalf of the seller.
Counter claim: The buyer claims the trial court has the authority to appoint a clerk to execute the sale since the seller failed to comply with the terms required by the settlement.
Holding: A California court of appeals held the clerk of the court may execute the escrow documents on behalf of the seller since a court is authorized to designate someone to enforce the terms of a valid settlement when a party fails to comply. [Blueberry Properties, LLC v. Chow (October 22, 2014)_CA4th_]
