Under §664.6, a court may enter judgment on a settlement, and retain jurisdiction to enforce, when the parties "stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case." By requiring the affirmative participation of the litigants, the ...
Is a stipulation legally binding?
During the course of a civil lawsuit, criminal proceeding, or any other type of litigation, the opposing attorneys may come to an agreement about certain facts and issues. Such an agreement is called a stipulation. ... A valid stipulation is binding only on the parties who agree to it.
How do you enforce a settlement agreement?
A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.