Q: Can I file a request to order for my ex to sign a his stip for judgement he offered and I signed he has not, stalling
I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his attorney is having a hard time to get him to sign his own offer. He keeps stalling and saying he will sign it then doesn't show up to his attorney. I am pro per.
A:
Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:
1. File a motion to enforce the settlement: You can file a motion with the court requesting that the judge enforce the settlement agreement. In your motion, include the signed settlement offer, any correspondence showing that you accepted the offer, and evidence of your ex's delay in signing the agreement.
2. Request a case management conference: You can ask the court to schedule a case management conference where you can discuss the status of the settlement and your ex's delay in signing the agreement. The judge may order your ex to sign the settlement or set a deadline for him to do so.
3. If your ex continues to delay signing the agreement, you can request that the court enter a judgment based on the terms of the settlement offer. This is known as a "judgment pursuant to stipulation" under California Code of Civil Procedure Section 664.6.
4. Consider seeking assistance from a legal aid organization or a family law facilitator at your local court. They may be able to provide guidance on how to proceed with your case as a self-represented litigant (pro per).
Remember that, while you can represent yourself in court, seeking legal advice from a qualified attorney who can help you navigate the complexities of your specific case and protect your interests is always advisable.
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