Because Federal Courts Are Courts Of Limited Jurisdiction, The Procedures Differ. We posted on December 4, 2017, about Sayta v. Chu, A148823 (1/5 11/29/17) (published), an opinion that "offers an object lesson on the requirements to invoke [Cal. Code of Civ. Proc.] section 664.6 and the consequences of failure to comply with those […]
Dot I’s and Cross T’s When Relying On An Electronic Signature! In J.B.B. Investment Partners, Ltd. v. Fair, Case Nos. A140232, A141228 (1/2 Dec. 30, 2014) (Kline, Richman, Stewart), the Court of Appeal reversed a trial court’s enforcement of a settlement agreement under CCP section 664.6, because email and voicemail messages failed to […]
A Roadmap For Drafting An Enforceable Settlement Agreement In our next case, the factors supporting enforceability of a settlement agreement provide a roadmap for drafting an enforceable agreement. Defendants appealed two identical judgments entered in related lawsuits, arguing that the trial court should have not enforced a settlement agreement because, among other things, […]
Court of Appeal Concludes Binding Mediation Need Not Be An Oxymoron, Distinguishing Lindsay v. Lewandowski The trial court enforced a settlement agreement, under Cal. Code Civ. Proc. section 664.6, resulting in a binding mediation award in favor of plaintiffs. Defendant appealed, contending that it never agreed to resolve the dispute through “binding mediation”, that […]
Court Rejects Employer’s Arguments That Agreement Lacked Material Terms and Was Obtained Through Fraud. Mejia v. Jhan, Inc., No. B230818 (2nd Dist. Div. 8 January 10, 2012) (unpublished), involved an overtime dispute between the employee, Mejia, and the employer, Jhan, Inc. The parties entered into a settlement agreement calling for the employer to […]