Q: Defendants offered to settle the case and we accepted. Its been 3 wks. They keep stalling to sign. What are my options?
I accepted a settlement offer from the defendants. I have signed the agreement the defendants drafted. It has been 3 weeks since they made the offer and still the defendants have not signed it. I am told we cannot enforce it under 664.6 because the defendants have not signed therefore not enforceable. What is a reasonable period of time they have to sign and execute their own settlement offer? Is there a point in time that we can rescind our acceptance of their offer and start from scratch?
A: There are way too many blanks in your question to provide a meaningful answer. Has a lawsuit been filed? If not, be sure they don't stall beyond the running of the statute of limitations. If a lawsuit is pending, simply do whatever you need to do to go to trial.
It sounds like you have a lawyer - so, start there. Yes, if it is not signed, it is not enforceable under 664.6
You could file for summary judgment on the contract or file a separate lawsuit over it.
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