Second Appellate District Court of Appeal: Unpublished family case reversed as settlement judgment pursuant to section 664.6 did not have agreement


News and Views Riverside Superior Court and San Bernardino Superior Court; National Family Law Abuse

The Second Appellate District Court of Appeal has filed an unpublished opinion discussing the repercussions of filing a judgment that did not contain all of the terms agreed upon by the parties.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

http://www.courts.ca.gov/opinions/nonpub/B254486.PDF

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…

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