Kilpatrick

I.

Introduction

We review a summary judgment enforcing an oral, out-of-court agreement settling this personal injury action. Appellants, plaintiffs below, contend that summary judgment is no longer an available method for enforcing such settlements since the enactment of Code of Civil Procedure section 664.6. Alternatively, appellants argue summary judgment should have been denied because of the existence of a triable issue of material fact. We reject both contentions and affirm.

II.

Facts

III.

Discussion

A. Settlement Agreements Can Still Be Enforced by Summary Judgment

Appellants concede that, prior to 1982, a proper means of enforcing a disputed settlement was motion for summary judgment pursuant to section 437c. (Duran v. Duran (1983) 150 Cal.App.3d 176, 179 [ 197 Cal.Rptr. 497 ].) However, they contend that enactment of section 664.6 removed this avenue for enforcement.

Section 664.6 provides: “If parties to pending litigation stipulate, in writing 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.”

Appellants contend in effect that section 664.6 was…