Second Appellate District Court of Appeal: Unpublished family case reversed as settlement judgment pursuant to section 664.6 did not have agreement

Court of Appeal, Superior Court and Supreme Court News

The Second Appellate District Court of Appeal has filed an unpublished opinion discussing the repercussions of filing a judgment that did not contain all of the terms agreed upon by the parties. The case was reversed.

Section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing . . . 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.” “Although a judge hearing a section 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment (citations), nothing in section 664.6 authorizes a judge to create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon.” (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810 (Weddington).) Thus, “a trial court cannot…

View original post 331 more words


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s