What is the test for a judgment entered in reliance on a stipulation of a settlement agreement?
California, United States of America
The following excerpt is from Harris v. Spinali Auto Sales, Inc., 20 Cal.Rptr. 586, 202 Cal.App.2d 215 (Cal. App. 1962):
In the stipulation at hand there is no showing of an intent that a judgment should be entered to effect the 'agreed settlement' which the parties, through their counsel, related they had 'reached'; the judgment entered in purported reliance thereon is without any basis; and should be set aside. (See Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161, 265 P.2d 904; Deevy v. Tassi, 21 Cal.2d 109, 125, 130 P.2d 389.)
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