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Civil Litigation

Jan. 5, 2021

Code of Civil Procedure Section 664.6 is now lawyer-friendly

Assembly Bill 2723 amends Section 664.6 and expands the party-signature requirement to provide that the writing may also be signed by an attorney who represents a party, or, if a party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer’s behalf.

Michael R. Diliberto

Mediator and Arbitrator
Diliberto ADR

Business, employment, entertainment, real estate

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms. Voluntary dismissal of an action terminates the court's jurisdiction over the matter. A request for the trial court to retain jurisdiction under Section 664.6 must meet three requirements: (1) The request must be made during the pendency of the case, not after the case has been...

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