How do I enforce a settlement agreement in California?
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How do I enforce a settlement agreement in California?
A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.
What does it mean when a court retains jurisdiction?
When the district court has retained jurisdiction to enforce a settlement agreement, federal jurisdiction exists over either a motion to enforce the settlement in the original action or a new federal action alleging breach of the agreement. 38. Exclusivity of Retained Jurisdiction.
What is a stipulation for entry of judgment California?
Stipulations for entry of judgment, pursuant to which a judgment will be entered for a larger amount if the defendant fails to timely pay a lesser agreed upon amount, are commonly used to facilitate settle- ment.
What is a stipulation in legal terms?
1) An agreement between the parties to a lawsuit. For example, if the parties enter into a stipulation of facts, neither party will have to prove those facts: The stipulation will be presented to the jury, who will be told to accept them as undisputed evidence in the case.
