A motion to enforce a settlement agreement in a dissolution case in California is the topic of this blog post.
A motion to enforce a settlement agreement in a dissolution case in California can be filed in a legal separation or nullity in California as well as dissolution of marriage cases.
A motion to enforce a settlement agreement in a dissolution case in California is filed under Code of Civil Procedure section 664.6 which 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. 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.”
If both parties agreed on the record in open court or signed a written agreement covering all issues involved in their dissolution and one party fails to comply with the terms of the settlement a motion can be filed with the court requesting that it enforce the settlement agreement pursuant to section 664.6.
And the California Supreme Court has stated that a section 664.6 motion is appropriate even when issues relating to the binding nature or terms of the settlement are in dispute, because, in ruling upon the motion, the trial court is empowered to resolve these disputed issues and ultimately determine whether the parties reached a binding mutual accord as to the material terms.
And the fact that the parties were supposed to later sign a written agreement does not affect the enforceability of any oral settlement under section 664.6 as stated by a California Court of Appeal.
Even if all of the issues in the case were not agreed to, a motion could still be filed to request that the court enforce the settlement agreement as to the issues that were agreed to.
Sample motion to enforce a settlement agreement in a dissolution case in California for sale.
Attorneys or parties in California who would like to a view a portion of a sample points and authorities in support of a request for order or notice of motion to enforce a settlement agreement in a dissolution casein California sold by the author can see below.
Sample Points and Authorities for Motion to Enforce Settlement Agreement in California Dissolution by Stan Burman on Scribd
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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.