Can a plaintiff refuse to sign a written settlement agreement that conforms to the oral terms of an oral settlement?
California, United States of America
The following excerpt is from Smith v. U.S. Bank Nat'l Ass'n, B219449, No. BC379451 (Cal. App. 2010):
664.6. Having orally agreed to settlement terms before the court, parties may not escape their obligations by refusing to sign a written agreement that conforms to the oral terms. The oral settlement, like any agreement, 'imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.' " (Elyaoudayan v. Hoffman, supra, 104 Cal.App.4th at p. 1431.)
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