Does a plaintiff have to prove a breach of contract to obtain entry of judgment pursuant to a settlement?

California, United States of America


The following excerpt is from Lugris v. Full-Swing Golf, Inc., D065651 (Cal. App. 2015):

Entry of judgment does not require a finding of breach. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1185 ["The statutory language makes it clear . . . that a party moving for the entry of judgment pursuant to a settlement under . . . section 664.6 need not establish a breach of contract to support relief under the statute."].) The trial court is "authorized to enter a judgment pursuant to the settlement regardless of whether . . . nonperformance of . . . settlement obligations [are] excused." (Ibid.)

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