Judge: Armen Tamzarian, Case: 23STCV03996, Date: 2024-03-28 Tentative Ruling

Case Number: 23STCV03996    Hearing Date: March 28, 2024    Dept: 52

Plaintiff Erin Bourne and defendant Redwood Lending Services request the court to “retain jurisdiction” to enforce the terms of their settlement agreement pursuant to Code of Civil Procedure section 664.6 without a dismissal or entry of judgment.  The court need not “retain jurisdiction” at this point because it has jurisdiction until the case is dismissed or a judgment is entered.

          The parties also seek the court to enter a stipulated injunction.  The parties do not clearly state whether they seek (1) an interlocutory order or (2) a judgment.

The proposed injunction is apparently an interlocutory order because the parties seek to keep the case unadjudicated for an indefinite period.  At any time before the case is dismissed or judgment is entered, the court retains jurisdiction to modify this injunction and the parties may seek such modification.  Moreover, if the proposed injunction is an interlocutory order, it will no longer be effective upon dismissal.

          If the parties seek an injunction that will survive the court’s disposition of the case, then that injunction must be part of a judgment—the final order of the court adjudicating all the claims and defenses raised by the pleadings.  If the parties wish for the court to retain jurisdiction to enforce the terms of their settlement agreement after entry of judgment, they may so stipulate pursuant to Code of Civil Procedure section 664.6.

          The parties essentially ask this court to keep the case open for an indefinite and unlimited period with no promise of adjudication at any time.  This the court declines to do.

          If the parties submit a stipulation that simultaneously (1) dismisses the action or enters judgment and (2) states that the court shall retain jurisdiction to enforce the terms of the settlement agreement, the court shall reconsider their request.