California Code of Civil Procedure 664.6
QUESTION:
CCP 664.6. If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement, or part thereof, the court, upon motion, may enter judgment under the settlement.
What effect does a judgment form have if there is no motion moving the court to sign it? I presume after signing it, anyone can "file" it, which would make the FL-180 form the motion moving the court to "enter judgment." (FL-190)
ANSWER:
CCP 664.6 technically applies to family law settlements, but in a practical sense it rarely comes into play that often. A 664.6 motion enters judgment upon and oral or written agreement when no judgment has yet been entered. In other words, someone gets cold feet.
To be available to you, you must either reference the statute in the written agreement or in an oral statement on the record. E.g. "The parties request the Court to retain jurisdiction to enforce the terms of the settlement agreement under Code of Civil Procedure 664.6.”
Our question is in regards to cases of forgery, fraud on the court, Fraud in the inducement, Conspiracy, Grand theft, Notary fraud, Intentional misrepresentation, abuse of power
We are searching for a clear understanding of 664.6. Nothing to do with family law issue. Our interest is the 664.6 being used in a wrongful illegal foreclosure. Forcing me to accept a settlement agreement and loan modification for a predatory loan I have been fighting as a homeowner in civil court for more than a decade---that a separate of rules applies to foreclosures that are biased against borrowers. Those "new rules are a departure to rules of due process, evidence and burden of proof in every other civil action.
If you can or are interested in helping me to clearly understand the purpose of 664.6 Would be greatly appreciated. Our contact number information is as follows:
My husband Joe cell number is 831 535 8291 email [email protected]
My name is Neidin cell number 831 535 8289 email [email protected]
Thank you very much.
Neidin