Ford

I dissent and would reverse the judgment. There are two reasons the judgment should not stand. First, procedurally the proper method of enforcing the settlement is by a motion for summary judgment, not a nonstatutory motion. Secondly, the express provisions of Government Code section 948 prevent the Attorney General from entering into a final and binding settlement of the plaintiff's case unless the provisions of that section are in fact complied with, and the evidence herein does not demonstrate that the approvals required were procured.

Taking up the procedural problem first, it is true that one division of the Court of Appeal of the First Appellate District has held that a judi *519 daily supervised settlement may be enforced by a nonstatutory motion. (See Gregory v. Hamilton (1978) 77 Cal.App.3d 213 [ 142 Cal.Rptr. 563 ].) However, later, another division of the same district in a well-reasoned decision criticized 1 Gregory and held the proper procedure is by way of a motion for summary judgment, by separate suit in equity or, in the event the defendant is attempting to enforce settlement, by way of affirmative defense. (See Hastings v. Matlock (1980) 107 Cal.App.3d 876 [ 166…

I concur in the judgment and find no fault in the reliance of court and counsel on Gregory v. Hamilton (1978) 77 Cal.App.3d 213 [ 142 Cal.Rptr. 563 ]. The court signed its order on March 3, 1980. Hastings v. Matlock (1980) 107 Cal.App.3d 876 [ 166 Cal.Rptr. 229 ], cited by the dissent, was filed July 1, 1980, and published in the advance sheet dated July 31, 1980.

At the time of the decision below, Gregory was law, and was properly invoked by the trial court under the doctrine of stare decisis. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450 [ 20 Cal.Rptr. 321 , 369 P.2d 937 ].) The fact that Hastings came along later and demonstrated the fallacy in Gregory does not change this. “Courts exercising inferior jurisdiction must accept the law declared by courts of superior jurisdiction....” (Id., at p. 455.)

This appeal 1 questions the validity of an order specifically enforcing a settlement reached in a judicially supervised mandatory settlement conference.

Appellant contends that its counsel had no authority to compromise the action and seeks to show that lack of authority by counsel’s affidavit filed more than six months after appellant had knowledge of the unequivocal minute order showing the case settled and a minor’s claim compromised.

We conclude that the order is valid under the circumstances presented for the reasons hereinafter stated.

Statement of Facts 2

On December 14, 1977, Howard and Shirley Ford (the administratrix of Terrance Lyndon Ford’s estate) filed a complaint in the County of Fresno for wrongful death against Kerry and Marvin Gerdts (Gerdts) and the State of California (State). The decedent, Terrance *511 Lyndon Ford, was the son of Howard and Shirley Ford; the accident causing decedent’s death allegedly happened on Pismo State Beach near its intersection with Grand Avenue (Grover City) ramp.

A complaint for wrongful death was also filed in San Luis Obispo County by Lori Burnett, the mother and guardian ad litem of Terry Lynn Ford (Terry), the…

This appeal [1] questions the validity of an order specifically enforcing a settlement reached in a judicially supervised mandatory settlement conference.

Appellant contends that its counsel had no authority to compromise the action and seeks to show that lack of authority by counsel's affidavit filed more than six months after appellant had knowledge of the unequivocal minute order showing the case settled and a minor's claim compromised.

We conclude that the order is valid under the circumstances presented for the reasons hereinafter stated.

On December 14, 1977, Howard and Shirley Ford (the administratrix of Terrance Lyndon Ford's estate) filed a complaint in the County of Fresno for wrongful death against Kerry and Marvin Gerdts (Gerdts) and the State of California (State). The decedent, Terrance Lyndon Ford, was the son of Howard and Shirley Ford; the accident causing decedent's death allegedly happened on Pismo State Beach near its intersection with Grand Avenue (Grover City) ramp.

A complaint for wrongful death was also filed in San Luis Obispo County by Lori Burnett, the mother and guardian ad litem of Terry Lynn Ford (Terry), the daughter…