Judgments – Timothy J. Walton v. Scott Mueller, 2009 DJDAR 17519 (December 15, 2009)

A default judgment was entered against the defendant wherein, the judgment later became final. 

Some two years later, defendant began negotiations with the plaintiff, the judgment creditor to satisfy the judgment.  Although defendant contended that they reached an agreement to fully satisfy the judgment by defendant paying the defendant sum certain, plaintiff disputed that such a contract was ever formed.  Without actually having paid anything, defendant filed a motion to enforce the alleged settlement reportedly under Code of Civil Procedure Section 664.6, which, under certain conditions, provides for entry of judgment in conformance with a settlement in pending litigation.

The trial court denied the motion, finding that no settlement agreement was ever reached.  Regardless of whether an agreement was reached, the appeals court concluded that section 664.6 does not apply after a judgment has become final in an ordinary civil action because at that point, litigation is no longer pending as expressly contemplated by the statute.  The appeals court affirmed the trial courts denial of the motion.

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