CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Settlement Agreements
6 Cards On This Topic:
  • An attorney's signature on a document with a notation that it is approved as to form and content does not, as a matter of law, preclude a factual finding that the attorney intended to be bound by the document's terms.
  • Attorney who is convinced client's claim has no merit may still attempt to settle the case.
  • The failure to initial a clear term in a contract does not affect the enforceability of that provision.
  • Approving a settlement agreement as to form and content does not make an attorney a party to it.
  • Fully executed oral settlement agreement and subsequent deeds pursuant thereto unenforceable where they failed to meet requirements of FC §2550; parties may not transmute property after petition filed unless per FC §2550.
  • The law favors settlements, even those entered into by the parties without their attorneys' knowledge.