Judgment Under 666 (664)

390 Words1 Page

The MOA is enforceable pursuant to CCP 664.6 because the parties indicated definitively, their assent to the material terms of the settlement agreement.
“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.”
Judgment under 664.6 may be proper even if there are disputed facts regarding a settlement, provided the parties had earlier agreed on the agreement’s material terms, or had a “meeting of the minds” so as to make the settlement binding. See In re Marriage of Assemi (1994) 7 Cal.4th 896, 905. If no meeting of the minds has occurred on the material terms of a contract, basic contract law provides that no contract formation has occurred. If no contract formation has occurred, there is no settlement agreement to enforce pursuant to CCP 664.6 or otherwise. Weddington …show more content…

On October 1, 2014, the parties appeared to have reached an oral agreement at a judicially supervised settlement mediation conference (see Exhibit 1). After said mediation, Petitioner’s prior counsel, Nancy Bickford, reduced the oral agreement to writing (see Exhibit 2), reiterating that an agreement had been reached (see Exhibit 3). As such, a meeting of the minds occurred on the material terms of the agreement, creating an enforceable contract. The Petitioner’s repeated representation, through his counsel, coupled with detrimental reliance on Respondent’s part, prevents him from opposing the enforcement based on his failure to sign the writing memorializing this

More about Judgment Under 666 (664)

Open Document