10 Apr: Mediation Message No. 153

SECTION 664.6 REMEDY REVISITED I am revisiting Mediation Message no. 141 (“Creating an Enforceable Section 664.6 Remedy”) because of Mesa RHF Partners, L.P. v. City of Los Angeles (2019) B288355, B288356; 2019 Cal. App. LEXIS 291. In Mesa, in two separate matters, the parties agreed in the settlements that the “The Court shall retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of the Settlement Agreement.” Thereafter, counsel for the plaintiffs filed…

06 Apr: Mediation Message No. 141

CREATING AN ENFORCEABLE SECTION 664.6 REMEDY Merely stipulating in a settlement agreement that the trial court “may enter judgment pursuant to the terms of the settlement” (Code of Civil Procedure section 664.6) is not enough to confer jurisdiction on the court over the settlement unless the parties also make a subsequent request conferring jurisdiction while the case is still pending (i.e. before the matter has been dismissed) and that the request is either in a…