What is the test for a motion to enforce settlement pursuant to Code of Civil Procedure section 664.6?

California, United States of America


The following excerpt is from Highland Hills Homeowners Ass'n v. City of San Bernardino, E064737 (Cal. App. 2017):

"The trial court's factual findings on a motion to enforce 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." (Williams v. Saunders (1997) 55 Cal.App.4th 1158, 1162.) Where "the central issue on appeal" is a claim of legal error arising from undisputed facts, the appellate court "conducts an independent review of the trial court's ruling." (Ibid.)

"To the extent there are questions about whether substantial evidence exists, '[t]he agency is the finder of fact and a court must indulge all reasonable inferences from the evidence that would support the agency's determinations and resolve all conflicts in the evidence in favor of the agency's decision.'" (Mani Brothers Real Estate Group v. City of Los Angeles (2007) 153 Cal.App.4th 1385, 1397.) "As with all substantial evidence issues, an appellant challenging the evidence must lay out the evidence favorable to the other side and show why it is lacking. A reviewing court need not independently review the record to make up for an appellant's failure to carry this burden." (Id. at p. 1402.)

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