CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Enforcement of Oral or Written Settlement
.........Statutory Authority/Procedure
8 Cards On This Topic:

Stipulation, either in writing or made orally before the court, may be entered as judgment by court.

W could file Code Civ. Proc. §664.6 to enforce letter agreement modifying c/s as court retained jurisdiction over modification, thus "litigation" was "pending" when parties executed agreement.

Motion under Code Civ. Proc. §664.6 can only be made to enforce settlement made in that action, not in prior action.

Code Civ. Proc. §664.6 is expeditious and cost effective means of enforcing settlement agreement; it is valid alternative to motion for summary judgment, provided prerequisites met.

Trial ct. acts as trier of fact to determine whether parties entered into valid and binding settlement.

Code Civ. Proc. §664.6 express authorization for trial courts to determine whether settlement occurred is implicit authorization to interpret terms & conditions to settlement.

Statements and admissions in mediation not admissible in subsequent trial.

Enforcement of written agreement reached in mediation.