CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Enforcement of Oral or Written Settlement
.........Oral Settlement Not Enforced
6 Cards On This Topic:

Settlement outside of court may only be enforced per Code Civ. Proc. §664.6 if it is signed by parties personally; signatures of their attorneys insufficient.

J2 erred prejudicially in reconsidering and vacating ruling of J1 where there was no applicable exception to the general rule against this and J2 merely disagreed with the prior decision of J1.

As D2 did not participate in mediation nor sign settlement agreement, Court erred in enforcing settlement against her.

Code Civ. Proc. §664.6 not available unless settlement agreement entered into before court or is a written agreement signed by both parties.

Settlement stated orally on record at deposition is not "before the court," thus not within scope of Code Civ. Proc. §664.6.

Settlement proposed at judicially supervised settlement conference and accepted outside presence of court is enforceable under Code Civ. Proc. §664.6.