Beware: CCP § 664.6 Settlement Must be Attached to Request for Dismissal Form for Court to Retain Jurisdiction

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Mesa RHF Partners, L.P. v. City of L.A. (2019) 33 Cal.App.5th 913 Sets Forth Strict Requirements for Court to Retain Jurisdiction Under CCP § 664.6

Attorneys commonly believe that settlements calling for the court to retain jurisdiction automatically do so. However, strict compliance with Code of Civil Procedure § 664.6 is required for court to retain jurisdiction.

Specifically, the 2019 decision in Mesa RHF Partners, L.P. v. City of L.A. (2019) 33 Cal.App.5th 913 set forth strict requirements for the effectiveness of a settlement agreement that purports for the court to retain jurisdiction to enforce the terms of the settlement. Mesa explained that a request for dismissal allowing the trial court to retain jurisdiction under section 664.6 must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself “the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.”

However, Mesa also explained that parties not in compliance with this recent interpretation of CCP § 664.6 have an obvious remedy: an action for breach of contract.

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Scott Talkov is a real estate lawyer, business litigator and bankruptcy lawyer in California. He founded Talkov Law Corp. after of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterpise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star every year since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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