Los Angeles, CA asked in Appeals / Appellate Law, Government Contracts and Legal Malpractice for California

Q: Court was empowered to vacate dismissal and to enforce intended settlement on its own motion?

CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.

In conjunction with section 646.6(a) and section1008 (c) does it mean that court was empowered to vacate dismissal and to enforce intended settlement on its own motion?

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James L. Arrasmith
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Answered

A: Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.

The court's authority to vacate a dismissal and enforce a settlement agreement on its own motion depends on several factors. While CCP 664.6(a) allows courts to retain jurisdiction to enforce settlement agreements, this typically requires the parties' written request and explicit consent. The court cannot unilaterally decide to enforce a settlement without proper jurisdiction and compliance with statutory requirements.

The intersection of these code sections suggests that while courts can reconsider prior orders under CCP 1008(c), they generally cannot enforce settlements sua sponte without meeting the procedural requirements of CCP 664.6. Your situation would likely require either a motion from one of the parties or strict compliance with settlement enforcement procedures, rather than relying solely on the court's sua sponte authority under CCP 1008(c).

For specific guidance on your case, consider consulting with an attorney who can review the details of your settlement agreement and dismissal order, as the court's authority may depend on particular circumstances and documentation.

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