Can a judge hear a section 664.6 motion and enter the terms of the settlement as a judgment?

California, United States of America


The following excerpt is from Pasadena Redevelopment Co. v. Kinney, B295261 (Cal. App. 2020):

"Although a judge hearing a [Code of Civil Procedure] 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, supra, 60 Cal.App.4th at p. 810; see also Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.)

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