Can a motion to enforce a settlement pursuant to section 664 of the Code of Civil Procedure be reviewed at the Court of Appeal?

California, United States of America


The following excerpt is from v. R. Thomas Fair, A140232, A141228 (Cal. App. 2014):

"The trial court's factual findings on a motion to enforce a settlement pursuant to [Code of Civil Procedure] section 664.6 'are subject to limited appellate review and will not be disturbed if supported by substantial evidence.' " (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.) "Consistent with the venerable substantial evidence standard of review, and with our policy favoring settlements, we resolve all evidentiary conflicts and draw all reasonable inferences to support the trial court's finding that these parties entered into an enforceable settlement agreement and its order enforcing that agreement." (Ibid.)

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