Bill Text: CA SB1105 | 2019-2020 | Regular Session | Amended

California Senate Bill 1105 (Prior Session Legislation)

Bill Title: Civil actions: settlement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-28 - August 12 set for first hearing canceled at the request of author. [SB1105 Detail]

Download: California-2019-SB1105-Amended.html

Amended IN Assembly July 27, 2020

Amended IN Senate May 13, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1105

Introduced by Senator Umberg

February 19, 2020

An act to amend Section 664.6 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL'S DIGEST

SB 1105, as amended, Umberg. Civil actions: settlement.

Existing law provides that if parties to pending litigation stipulate for settlement of the case, the court may enter judgment pursuant to the terms of the settlement. Existing law provides that the court may retain jurisdiction to enforce the terms of the settlement if requested by the parties.

This bill would specify that, upon stipulation by the parties or their counsel, the court may dismiss the case without prejudice and retain jurisdiction to enforce the terms of the settlement. The bill would provide that if a ~~party or the party’s counsel~~ plaintiff or other party seeking affirmative relief has filed a conditional notice of ~~settlement indicating that the settlement will not be performed within 90 days~~ settlement, the court may, without stipulation from the parties or their counsel, dismiss the case without prejudice and retain jurisdiction to enforce the settlement. The bill would provide that, notwithstanding the court’s entry of judgment or dismissal without prejudice, a party may file a motion or other document pertaining to the settlement, including an application for determination of good faith settlement, a motion for the reduction or determination of a lien, a petition related to the compromise of the claim of a minor or person with a disability, or, if the terms of a settlement are not performed, a motion for entry of judgment based upon such terms.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 664.6 of the Code of Civil Procedure is amended to read:

664.6.

(a) 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. If the parties to the settlement or their counsel ~~further~~ stipulate in writing or orally before the court, the court may dismiss the case without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. ~~If a~~

(b) (1) If a plaintiff or other party ~~or its counsel~~ seeking affirmative relief has filed a conditional notice of settlement pursuant to subdivision (c) of Rule 3.1385 of the California Rules of Court indicating that the settlement will not be performed within 90 days from the date the notice of settlement has been filed with the court, settlement, the court may, without stipulation from the parties or their counsel, dismiss the case without prejudice and retain jurisdiction to enforce the settlement.

(2) This subdivision does not apply to a class action lawsuit.
(c) If the court enters judgment or dismisses the case without prejudice pursuant to this section, the following shall apply:
(1) A party may file a motion or other document pertaining to the settlement, including an application for determination of good faith settlement, a motion for the reduction or determination of a lien, a petition related to the compromise of the claim of a minor or person with a disability, or, if the terms of a settlement are not performed, a motion for entry of judgment based upon such terms. Responsive filings and related documents may also be filed.
(2) A case dismissed without prejudice shall be restored to the active list if a party files a notice that a written settlement agreement required of all parties was not signed by all parties.
(3) A party who has paid a first appearance fee may not be assessed a first appearance fee again for filing a motion, notice, or other document after entry of judgment or dismissal without prejudice.
(4) The court clerk shall accept any motion, notice, or other document properly filed by a party after entry of judgment or dismissal without prejudice.