Reversed and remanded

Posted by Anne Tyner on June 1st, 2021


HOLDINGS: [1]-Although a judgment was titled as a stipulated judgment, it could be appealed under Code Civ. Proc., § 904.1, subd. (a), because it differed from the terms of the parties\' stipulated settlement; [2]-The trial court had authority to grant a motion for entry of judgment pursuant to Code Civ. Proc., § 664.6, because the parties entered into a valid and binding settlement with definite terms recited on the record; [3]-Because the judgment varied materially from the settlement agreement, the trial court exceeded its authority under § 664.6 to render judgment pursuant to the settlement while resolving reasonable disputes about its terms; [4]-Absent adequate time to object under Cal. Rules of Court, rule 3.1590(j), failing to object did not forfeit a challenge; [5]-Relief under Code Civ. Proc., § 663, was warranted because an error of law was made on uncontroverted evidence.

Nakase Law Firm litigates wrongful termination


Reversed and remanded.

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Anne Tyner

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Anne Tyner
Joined: June 1st, 2021
Articles Posted: 18

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