Court Appoints a Court Clerk to Execute

Court Appoints a Court Clerk to Execute Closing Documents for a Non-Compliant Seller

In Blueberry Properties, LLC v. Chow, an appellate court approved the appointment of a court clerk to sign closing documents on behalf of a seller who refused to close the escrow. In Blueberry Properties, defendant Chow entered into an agreement to sell an apartment complex she owned to plaintiff. She later refused to complete the sale and returned the money to plaintiff. Plaintiff sued Chow to enforce the purchase agreement. The parties entered into a settlement agreement whereby Chow agreed to sell the property in accordance with the original purchase agreement. Chow subsequently refused to sign the closing documents to transfer the property. The trial court entered a judgment pursuant to Code of Civil Procedure §664.6 and appointed the court clerk to execute the closing documents on behalf of the seller. The seller appealed. The court of appeals affirmed the holding that the trial court’s order was appropriate.

Shannon B. Jones, Partner,