Duran

In this case we disapprove of nonstatutory speaking motions to enforce alleged settlement agreements, overruling our former opinion in Ford v. State of California (1981) 116 Cal.App.3d 507 [ 172 Cal.Rptr. 162 ]; we hold a motion for summary judgment is the proper procedural device to enforce an alleged settlement agreement. Further, since there is an issue of fact in this case, we hold it was improper to specifically enforce the settlement and will reverse the judgment.

Joseph Duran and others (plaintiffs) filed a suit to establish a trust and for an accounting involving a parcel of real property held in the name of defendant Clotilde Duran.

On February 26, 1982, the attorneys for the respective parties discussed a possible compromise settlement by telephone. The dispute in this case revolved around whether or not the parties reached an agreement or a tentative agreement on February 26. On March 1, 1982, the day before trial, defendant informed her attorney that she had changed her mind and did not want to settle the case. Defendant’s attorney immediately notified plaintiffs’ attorney. The trial was continued.

Plaintiffs filed a “speaking” motion to enforce the alleged…