Sample Opposition to Motion to Enforce Settlement Agreement in California
This sample opposition to a motion to enforce a settlement agreement in California is filed on the grounds that (1) the settlement agreement is not valid as the parties did not agree to all the material terms; (2) the settlement agreement was not signed by all the parties nor was it made orally before the court, thus the settlement agreement does not comply with Code of Civil Procedure section 664.6, and (3) the dismissal with prejudice of the lawsuit by the moving party has deprived the Court of subject matter jurisdiction. The sample is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.