The unopposed Motion by Plaintiff Anixter fka Tri-Ed Distribution Inc. to Vacate Dismissal and Enter Judgment is GRANTED.
Code of Civil Procedure section 664.6 states: “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.” In ruling on a motion to enter judgment pursuant to section 664.6, the trial court acts as a trier of fact. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.) The court must determine whether the parties entered into a valid and binding settlement. (Id.)
The February 24, 2020 Stipulation for Entry of Judgment provides for the court’s retained jurisdiction and indicates that the dismissal is conditional. (Brodkin Decl., Ex. 1.) Plaintiff has demonstrated the existence of an enforceable settlement agreement signed by the parties. (Id.) The settl
Hearing Date
October 30, 2020
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The unopposed Motion by Plaintiff Anixter fka Tri-Ed Distribution Inc. to Vacate Dismissal and Enter Judgment is GRANTED.
Code of Civil Procedure section 664.6 states: “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.” In ruling on a motion to enter judgment pursuant to section 664.6, the trial court acts as a trier of fact. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.) The court must determine whether the parties entered into a valid and binding settlement. (Id.)
The February 24, 2020 Stipulation for Entry of Judgment provides for the court’s retained jurisdiction and indicates that the dismissal is conditional. (Brodkin Decl., Ex. 1.) Plaintiff has demonstrated the existence of an enforceable settlement agreement signed by the parties. (Id.) The settl