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Religious Technology Center v. Ward
Citation: 33 F. App'x 884Docket: No. 01-16110; D.C. No. CV-96-20207-JF
Court: Court of Appeals for the Ninth Circuit; April 19, 2002; Federal Appellate Court
Religious Technology Center (RTC) appeals the district court's denial of its motion to execute on a judgment. The district court had the authority to assess whether Grady Ward had triggered RTC's right to execute based on the breach of a settlement agreement, as the court's settlement order included its terms. The court determined that Ward did not materially breach the agreement, citing precedents, including Kokkonen v. Guardian Life Ins. Co. of Am. and First Interstate Bank of Idaho v. Small Bus. Admin. Ward reasonably believed that his $10,000 payment obligation was contingent upon receiving an advance from a book deal, a notion supported by the settlement agreement's language. When the court ruled that the obligation was unconditional, Ward offered to pay the full amount plus interest. Consequently, the court concluded that Ward's delay in payment did not constitute a material breach. The district court's decision is affirmed, and the disposition is not intended for publication or citation in this circuit, except as permitted by 9th Cir. R. 36-3.