Thursday, January 18, 2018

Oops!

Satya v. Chu, No. A148823 (D1d5 Nov. 29, 2017)

Code of Civil Procedure § 664.6 permits the parties to stipulate to the entry of a judgment as part of the settlement of a case. The parties can also ask the court to retain jurisdiction over a case for the purposes of enforcing its terms. But in order to have the court to retain jurisdiction, the parties need to actually ask it to do so at the time the judgment is entered, and get the court to sign off. When, as in this case, the parties stipulate to the entry of a settlement judgment, but fail to ask the court to retain jurisdiction, the court loses jurisdiction to enforce the terms of the judgment. The fact that the parties stipulated that the court could retain jurisdiction in their settlement agreement just isn’t enough.

Appeal dismissed.

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