Appellant, v. JOHN WAGNER CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Plaintiff, Donna Robinson, and defendants, John Wagner, the Director of the California Department of Social Services (the department), and the department, have entered into a stipulation to partially reverse the judgment entered in a complex mandate proceeding involving children receiving both Supplemental Security Income and Kinship Guardian Assistance Payment Program benefits.   Defendant has also filed a dismissal request and both sides agree the remittitur may issue forthwith.   We have carefully reviewed the settlement and proposed reversal.   It meets the requirements imposed by Code of Civil Procedure section 128, subdivision (a)(8):  there is no reasonable possibility nonparties will be adversely affected by the settlement;  the settlement will not lead to the erosion of any public trust in the courts or the operations of California government;  and the settlement will have no effect on the incentive for pretrial settlement in this or other litigation.  (Union Bank of California v. Braille Institute of America (2001) 92 Cal.App.4th 1324, 1328;  In re Rashad H. (2000) 78 Cal.App.4th 376, 380-382.)   Nothing in our acceptance of this settlement should be viewed as any criticism of the judgment of the experienced and able trial judge.   This is a settlement that complies with Code of Civil Procedure section 128, subdivision (a)(8) and that is all we are deciding.

That part of the October 1, 2009, judgment contained in paragraph 3 which denied plaintiff relief pursuant to Code of Civil Procedure section 1085, is reversed.

Defendants' appeal is dismissed.   The remittitur is to issue forthwith.   Costs are awarded pursuant to the parties' settlement agreement.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

KUMAR, J.^*

FOOTNOTES

FOOTNOTE.  FN*.  Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

KRIEGLER, J.