HEARING ON MOTION TO REOPEN, RESUME JURISDICTION AND FOR FEES
FILED BY PABLO LUCERO
* TENTATIVE RULING: *
Denied. “(E)ven though a settlement may call for a case to be dismissed, or the plaintiff may dismiss the suit of its own accord, the court may nevertheless retain jurisdiction to enforce the terms of the settlement, until such time as all of its terms have been performed by the parties, if the parties have requested this specific retention of jurisdiction.” Wackeen v. Malis (2002) 97 Cal. App. 4th 429, 439. The request for the Court to retain jurisdiction must be made prior to the filing of dismissal and be made by the parties themselves. Sayta v. Chu (2017) 17 Cal. App. 5th 960, 967. Since this did not occur, the Court lacks jurisdiction to enforce the settlement.
After reviewing the factual setting of this contentious neighbor dispute, however, the Court strongly encourages the parties to mediate the renewed issues that have arisen since the time the settlement agreement was
Hearing Date
July 30, 2020
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HEARING ON MOTION TO REOPEN, RESUME JURISDICTION AND FOR FEES
FILED BY PABLO LUCERO
* TENTATIVE RULING: *
Denied. “(E)ven though a settlement may call for a case to be dismissed, or the plaintiff may dismiss the suit of its own accord, the court may nevertheless retain jurisdiction to enforce the terms of the settlement, until such time as all of its terms have been performed by the parties, if the parties have requested this specific retention of jurisdiction.” Wackeen v. Malis (2002) 97 Cal. App. 4th 429, 439. The request for the Court to retain jurisdiction must be made prior to the filing of dismissal and be made by the parties themselves. Sayta v. Chu (2017) 17 Cal. App. 5th 960, 967. Since this did not occur, the Court lacks jurisdiction to enforce the settlement.
After reviewing the factual setting of this contentious neighbor dispute, however, the Court strongly encourages the parties to mediate the renewed issues that have arisen since the time the settlement agreement was