Don't Add Settlement Terms When You Enforce A Settlement Under CCP 664.6!
Don't Add Settlement Terms When You Enforce a Settlement Under CCP 664.6!
With the right language, both short-form and long-form settlement agreements can be enforced using Code of Civil Procedure section 664.6. But what happens when a party asks the trial court to add a term that was not included in the original settlement? In the video above, I discuss a recent Court of Appeal case addressing this issue. To read my case summary go to the home page of California Case Summaries™.
California Case Summaries™
Know the Law. Win More Cases.
California civil lawyers who know the new case law get a competitive advantage and win more cases. However, California courts publish about 500 new civil cases each year making it hard to keep up, and many of the new cases significantly change the law!
The perfect solution is California Case Summaries™ which provides one-paragraph summaries, organized by legal topic, of every new CA civil case published throughout each year. Subscri...
Trial Alchemy™ Podcast: Try Your Cases, Don't Chase the Money
In Podcast #3 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff's lawyer Cynthia Chihak, Esq. of San Diego. Click on the video above to hear Cindy discuss her advice to young trial lawyers: try your case when the defense won't make a fair settlement offer.
Click here to listen to complete podcast. To listen to the podcast on Spotify, click here.
Do well and be well.
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
New CA Settlement Case
- Want to Easily Keep Up With New CA Civil Cases in Your Practice Areas?
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Settlements
When a case settles, an issue that can arise later is whether the settlement of the case bars a later-filed case under the doctrine of claim preclusion. Last month, the California Supreme Co...
New CA Settlement Case
- Too Busy To Keep Up With the New CA Civil Cases?
- Save Time, Win More & Make More Money
Settlement
Most cases are ultimately settled. Usually, the case will only settle once, but this is not always so. Last month, the S...
New Case Discussing Settlements
Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly™, with summaries of the 48 new California civil and family law cases published in December of 2021.
California Courts of Appeal
Settlement
CSAA Insurance Exchange v. Hodroj (2021) _ Cal.App.5th _ , 2021 WL 5631492: The Court of Appeal affirmed the trial court's order granting plaintiff's motion for summary judgment in an action by plaintiff carrier against defendant for breaching his agreement to settle a personal injury claim for the policy limit of $100,000. When parties agree on the material terms of a contract with the intention to later reduce it to a formal writing, failure to complete the formal writing does not negate the existence of the initial contract. The Court of Appeal concluded that the communications between defendant's lawyer and plaintiff reflected a settlement which would be later memorialized in a formal writing. Plaintiff's offer commun...