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Code of Civil Procedure
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.
CCP 664.7
(a) Notwithstanding Section 664.6, if parties to a pending
construction defect action stipulate personally or, where a party's
contribution is paid on its behalf pursuant to a policy of insurance, the
parties stipulate through their respective counsel, 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.
(b) It is the intent of the Legislature that this section modify the
holding of Levy v. Superior Court (1995), 10 Cal. 4th 578, regarding the
authority of counsel in a construction defect action to bind a party to a
settlement. (c) For purposes of this section, "construction defect
action" shall mean any civil action that seeks monetary recovery
against a developer, builder, design professional, general contractor,
material supplier, or subcontractor of any residential dwelling based upon
a claim for alleged defects in the design or construction of the
residential dwelling unit.
CCP 665
When the case is reserved for argument or further
consideration, as mentioned in the last section, it may be brought by
either party before the Court for argument. |
