I. BACKGROUND 

Plaintiff Alan Sandleman (“Plaintiff”) filed this action against defendant Jagwinder Singh (“Defendant”) for damages arising from an automobile collision.  

On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds.   

Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6.  Defendant opposes the motion, and Plaintiff filed a reply.   

Plaintiff argues the parties participated in mediation, and after transmission of mediator Hon. Benny Osorio’s proposal, agreed to settle for $200,000. The mediator emailed Plaintiff that the matter settled per the mediator’s proposal, and that Defendant would provide the long form settlement agreement. However, Defendant did not provide the proposed release, and Plaintiff therefore seeks to enforce the settlement.  

Defendant argues that Plaintiff’s wife asserted unpaid child support liens against the settlement proceeds, and that he believes a portion of Plaintiff’s medical bills are subject to a MediCare/MediCal lien. The mediator’s proposal included that Plaintiff was responsible for satisfying all liens. Defense counsel requested Plaintiff to provide the DHCS repayment documentation and documentation regarding the court approved child support lien so that those lien claimants could be addressed in the release and settlement agreement. However, to date, Plaintiff has not provided Defendant with the lien information nor payment instructions. 

Plaintiff reasserts that the parties already agreed to settle, and that it is a valid and binding contract due to the agreement at mediation.  

II. MOTION TO ENFORCE SETTLEMENT  

Pursuant to CCP § 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” 

For purposes of this section, a writing is signed by a party if it is signed by any of the following: 

(1) The party. 

(2) An attorney who represents the party. 

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf. 

(CCP §664.6(b).)  

Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute.  (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)  Thus, to enforce a written settlement agreement under CCP § 664.6, the following three elements must be met: (1) the parties must have come to a meeting of the minds on all material points; (2) there must be a writing that contains the material terms of the agreement; and (3) the writing must be signed by the parties.  (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 797-98.) 

Here, Defendant is correct that there is no evidence of a writing signed by the parties for the Court to enforce. CCP § 664.6 “require[s] the signatures of the parties seeking to enforce the agreement under [Code of Civil Procedure] section 664.6 and against whom the agreement is sought to be enforced.”  (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.) “A procedure in which a settlement is evidenced by one writing signed by both sides minimizes the possibility of … dispute[s] and legitimizes the summary nature of the section 664.6 procedure.”  (Robertson v. Chen (1996) 44 Cal.App.4th 1290, 1293.) CCP § 664.6 requires strict compliance. The parties participating in mediation and agreeing to settle the dispute for a sum does not meet the statutory requirements of section 664.6, which requires a single writing containing the material terms of the agreement and signed by both parties.  

III. CONCLUSION 

Accordingly, Plaintiff’s motion to enforce settlement pursuant to CCP § 664.6 is DENIED.   

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: 

Dated this 29th day of April 2024