Under CCP 664.6, the court may, if the section’s conditions are met, enter judgment enforcing the parties’ settlement. However, that judgment must state all terms of the settlement agreement that have not yet been fully performed. The judgment can do nothing else. If the settlement reserves jurisdiction in the court to enforce the settlement, the court may, after entering judgment reciting the settlement’s terms, then entertain a motion to enforce the settlement if one party asserts the other has breached it. But here, one party tried to combine enforcement with entry of judgment on the settlement, resulting in entry of a judgment that omitted several key terms of the settlement, allegedly on the ground that the moving party was excused from performing them due to the opposing party’s breach. The decision holds that the judgment is voidable and should have been set aside on the opposing party’s CCP 663 motion because it did not accurately recite all the unperformed terms of the settlement.
No. D073824, 2019 Cal. App. LEXIS 848 (Ct. App. Aug. 16, 2019)