At least that's settled (perhaps not)

Civil Procedure

Madrigal v. Hyundai Motor America

While CCP 998 sets out a default rule for cost-shifting, parties remain free to agree to their own allocation of costs and fees as part of a settlement agreement.

Torts

Pearson v. Superior Court (Nicholson)

Only minor may void settlement agreement while petition of approval is pending and minor’s intervening death does not inure to benefit defendant.

Civil Procedure

Critzer v. Enos

Court lacks authority to enforce settlement under Code of Civil Procedure Section 664.6 where all parties did not give personal consent to settle.

Real Property

1538 Cahuenga Partners, LLC v. Turmeko Properties, Inc.

Counsel effectively consents to settlement on client's behalf where client had previously agreed to terms before court.

Civil Procedure

Sayta v. Chu

Confidential settlement agreement granting parties power to request trial court retain jurisdiction to enforce settlement is not enough, without any actual request, to preserve subject ma...

Civil Procedure

Wackeen v. Malis

Without specific request, court does not retain jurisdiction to enforce settlement agreement after case is dismissed.

Workers' Compensation

Stellar v. Sears, Roebuck and Co.

Court commits harmless error in failing to consider extrinsic evidence of parties’ intent to settle civil and workers’ compensation claims.

Contracts

J.B.B. Investment Partners Ltd. v. Fair

Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’

Contracts

J.B.B. Investment Partners Ltd. v. Fair

Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’

Civil Procedure

Stewart v. Preston Pipeline Inc.

Under Evidence Code, settlement agreement was admissible and enforceable even though it was not signed personally by defendants.

Civil Procedure

Blix Street Records Inc. v. Cassidy

Party is judicially estopped from denying contract’s enforceability where party previously asserted to court that agreement was enforceable, leading to trial dismissal.

Civil Procedure

Zamora v. Clayborn Contracting Group Inc.

Discretionary relief is available where typographical error miscommunicated settlement offer to opposing party.

Civil Procedure

United States v. Sierra Pacific Industries Inc.

Defendants not entitled to relief from judgment based on government’s fraud on court where alleged ‘trail of fraud’ was known prior to parties’ settlement.

Civil Procedure

Kramer v. Traditional Escrow

Lower court erred in granting equitable relief from default judgment to defendants because defendants were unaware of the amended complaint due to their own negligence.

Family Law

Rubenstein v. Rubenstein

Ex-husband fails to demonstrate that ex-wife's action to set aside a marital dissolution judgment is time-barred.

Torts

Home Insurance Co. v. Zurich Insurance Co.

Attorney's misrepresentations to induce settlement were absolutely privileged and did not constitute extrinsic fraud.

Attorneys

Shafer v. Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone

Attorney hired by insurer to provide coverage advice may be liable to third party for making fraudulent statements.

Shafer v. Berger, Kahn, Shafton, Moss, Figler, Simon

Order

Constitutional Law

Action Apartment Association Inc. v. City of Santa Monica

Civil Code litigation privilege does not entirely conflict with and preempt City of Santa Monica's Tenant Harassment Ordinance.

Shafer v. Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone