Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809. The statute states: “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.” (Code Civ. Proc. § 664.6.)
In ruling on this Motion, a court ourt must determine whether the parties entered into a valid and binding settlement. (See, e.g., Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360; Casa de Valley View Owner’s Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1189; In re Marriage of Assemi (1994) 7 Cal.4th 896, 905, 911.) A settlement is enforceable under section 664.6 only if the parties agreed to all material settlement terms. (See Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1430–1432; see also Weddington Productions, Inc. v. Flick, supra, 60 Cal.App.4th at 811–813.) The Court may consider the parties’ declarations and other evidence in deciding what terms the parties agreed to. (See Marriage of Assemi, supra, 7 Cal.4th at 911; see also Casa de Valley, supra, 167 Cal.App.3d at 1189–1190.) If the court determines that the parties entered into an enforceable settlement, it should grant the motion to enforce the settlement agreement and enter a formal judgment pursuant to the terms of the settlement. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 995.) The statute expressly provides for the Court to “enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc. § 664.6.)
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Seth W. Wiener is an experienced litigator and trial lawyer. He has handled and successfully resolved a myriad of federal and state litigations and alternative dispute resolution matters.
