What is the test for a motion to enforce settlement pursuant to section 664.6 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Ames v. Sando, G042172, No. A237174 (Cal. App. 2010):

Code of Civil Procedure section 664.6 states: "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." The oral settlement imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1431.)

Consistent with the substantial evidence standard of review, and with our policy favoring settlements, we resolve all evidentiary conflicts and draw all reasonable inferences to support the trial court's finding these parties entered into an enforceable settlement agreement and its order enforcing that agreement. (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.) "The trial court's factual findings on a motion to enforce settlement pursuant to section [Code of Civil Procedure section] 664.6 are subject to limited appellate review and will not be disturbed if supported by substantial evidence. [Citation.] Where... the central issue on appeal involves the construction and application of a statute, the court conducts an independent review of the trial court's

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