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IT IS SOOOOO ORDERED!!

Machado v. Myers, No. D073824 (D4d1 Sept. 10, 2019)

This somewhat ugly boundary dispute between neighbors involves, among other things, encroaching tree roots and the placement of an air conditioning unit. It got resolved in a settlement, which was orally read into the record. The parties agreed the trial court would retain authority to enforce it under Code of Civil Procedure § 664.6. It seems, however, that the parties didn’t have the settlement entered as a formal judgment at that time.

A year later, a dispute broke out. Plaintiff moved under § 664.6 to enforce the settlement, including a proposed judgment that tracked the oral settlement. The court granted the motion, but still did not enter judgment. And then another dispute broke out. In connection with that motion, the Plaintiff again submitted a proposed judgment. But this judgment wasn’t the same as what the parties put on the record. The trial court signed it anyway.

That was error. Section 664.6 permits a court “enter judgmen…

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