CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Enforcement of Oral or Written Settlement
.........Statutory Authority/Procedure
10 Cards On This Topic:
  • Stipulation, either in writing or made orally before the court, may be entered as judgment by court.
  • Defendants' failure to object to entry of judgment after grant of plaintiffs' CCP §664.6 motion did not result in forfeiture of their arguments where the judgment varied materially from the parties' prior stipulated judgment.
  • Under CCP §664.6, a court may retain jurisdiction over a matter to enforce the terms of a settlement agreement if the parties so stipulate during pending litigation, and specifically ask the court to do so.
  • W could file Code Civ. Proc. §664.6 to enforce letter agreement modifying c/s as court retained jurisdiction over modification, thus "litigation" was "pending" when parties executed agreement.
  • Motion under Code Civ. Proc. §664.6 can only be made to enforce settlement made in that action, not in prior action.
  • Code Civ. Proc. §664.6 is expeditious and cost effective means of enforcing settlement agreement; it is valid alternative to motion for summary judgment, provided prerequisites met.
  • Trial ct. acts as trier of fact to determine whether parties entered into valid and binding settlement.
  • Code Civ. Proc. §664.6 express authorization for trial courts to determine whether settlement occurred is implicit authorization to interpret terms & conditions to settlement.
  • Statements and admissions in mediation not admissible in subsequent trial.
  • Enforcement of written agreement reached in mediation.