Does a plaintiff have to make a choice between pursuing relief under section 664.6 and filing a lawsuit to enforce the settlement agreement?

Plaintiffs assert the trial court's ruling undermines public policy in favor of settlement agreements. They claim "[t]he trial court's position would force a party to make a choice between pursuing relief under section 664.6 or filing a costly and time-consuming lawsuit to enforce a settlement contract and recover attorneys' fees." But no such election is required either by law or by the trial court's ruling. (Nicholson v. Barab, supra, 233 Cal.App.3d at p. 1681.) Consistent with public policy, the ruling encourages parties to carefully consider the provisions to which they agree, especially knowing their

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