Woodhouse Development v. Kogok Home Engineering CA2/4

DISCUSSION

Kogok contends that, absent setting aside the dismissal pursuant to section 473, the trial court lacked subject matter jurisdiction to enforce the settlement agreement under section 664.6. We disagree. “‘[V]oluntary dismissal of an action or special proceeding terminates the court’s jurisdiction over the matter.’” (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917.) However, section 664.6 “provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement. [Citation.] Section 664.6 states that if the parties to pending litigation enter into a settlement either in a writing signed by the parties or orally before the court, the court, upon a motion, may enter judgment pursuant to the terms of the settlement. The court retains jurisdiction to enforce a settlement under the statute even after a dismissal, but only if the parties requested such a retention of jurisdiction before the

3 dismissal.” (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182, fn. omitted (Hines).) Legal questions, such as whether the granting of a section 664.6 motion satisfied the statute’s requirements, are reviewed…