California Code of Civil Procedure 664.6

By Schonauer Law on Sep 16, 2015 at 06:09 AM in Legal Questions

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.”