California Court of Appeal

In an action against a judgment creditor to enforce an alleged settlement, alleging that the parties reached an agreement to fully satisfy the $40,000 judgment by paying the defendant $15,000, trial court's finding that no settlement agreement was ever reached is affirmed as, regardless of whether an agreement was reached, section 664.6 does not apply after a judgment has become final in an ordinary civil action because at that point, litigation is no longer pending as expressly contemplated by the statute.

Appellate Information

• Decided 12/15/2009
• Published 12/15/2009

Judges

• DUFFY, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert J. Yorio, Christopher P. Grewe, Carr & Ferrell, Palo Alto, for Defendant and Appellant., Timothy J. Walton, Law Offices of Timothy Walton, Redwood City, for Plaintiff and Respondent.