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Enforcing a settlement agreement in California

by Stan Burman

Enforcing a settlement agreement in California is the topic of this blog post. 

Enforcing a settlement agreement in California requires that a motion to enforce the settlement agreement be filed under the provisions of Code of Civil Procedure section 664.6. This motion can be filed by any party wishing to enforce a settlement agreement entered into in any pending litigation in California.

Code of Civil Procedure § 664.6 states that, "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement."

This means that if a settlement is reached in a pending California case, and the parties have signed a written settlement agreement, or have stipulated to a settlement in open court, and one party does not comply with the terms of the settlement agreement, the other party can file a motion to request that the court enter judgment pursuant to the terms of the settlement agreement under Code of Civil Procedure § 664.6.

The procedure provided by section 664.6 applies where settlement is reached in pending litigation. The statute states that any written agreement outside court must be signed by the parties. This has been interpreted by the Courts to mean that the settlement must be signed by both the party seeking to enforce the settlement and the party against whom it is to be enforced.

So long as the terms of the settlement are sufficiently definite to enable the courts to give it an exact meaning, the court is authorized to enter judgment on the settlement. A settlement agreement that incorporates other documents can be enforced pursuant to section 664.6 if there was a meeting of the minds regarding the terms of the incorporated documents.

Disputes regarding the terms of the settlement itself may be adjudicated on a section 664.6 motion on the basis of declarations or evidence. And in a ruling on a motion under section 664.6, the trial judge may receive oral testimony, documentary testimony or declarations. Section 664.6 also empowers the judge hearing the motion to determine disputed factual issues that have arisen regarding the settlement agreement.

If the terms of the settlement agreement provide that any party seeking to enforce the terms of the settlement agreement who prevails is entitled to attorney fees and costs, than the prevailing party on any motion to enforce settlement agreement is entitled to recover their attorney fees and costs incurred in bringing or defending the motion.

Attorneys or parties in California who would like to view a portion of a sample motion to enforce settlement agreement sold by the author complete with a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration can use the link shown below.

Sample Motion to Enforce Settlement Agreement for California under section 664.6 by Stan Burman on Scribd

 

Attorneys or parties in California who would like more information on a law and motion document collection containing over 70 sample documents including a sample motion to enforce a settlement agreement sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-law-and-motion-document-collection

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.  

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

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