Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?
During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our "final." However, I realized right away that I do not agree with this settlement. Although we had told the judge this was "last and final" when she came back to us I said I do not agree to pay the amount. She was of course upset/mad and said I was not participating in good faith. At the end she said she would schedule another settlement, however that was not done. Is there any way the judge can issue an order or force me to settle? I did not sign anything and I did not agree to anything (at the very end). No other terms had even been discussed other than a dollar amount. For example, I wanted them to perform x or y or z before I would agree to that dollar amount. I want a trial.
A: If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).
A: It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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