What is the test for the affirmative defense of settlement without a jury?

California, United States of America

The following excerpt is from Zarate v. Morgan, H035253 (Cal. App. 2012):

Plaintiff contends that the trial court infringed her right to a jury trial by trying the affirmative defense of settlement without a jury. As defendants point out, this court rejected a very similar contention in Hastings v. Matlock (1985) 171 Cal.App.3d 826. That was a suit by prospective buyers under a real estate sales contract that fell through after they discovered alleged defects in the property. The buyers amended their complaint to seek specific performance of a settlement agreement they contended the

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What is the test for the affirmative defense of settlement without a jury?

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