Elyaoudayan

Under section 664.6 of the Code of Civil Procedure, a trial court may enforce a settlement agreement made during pending litigation if the parties entered into the agreement either orally before the court or in writing outside the presence of the court.

The question presented in this appeal is whether a party who agrees to a settlement in writing outside the presence of the court may enforce it against a party who agreed to the same settlement orally before the court. We answer that question in the affirmative.

I

Background

In November 1999, plaintiffs Ben and David Eghballi filed this action against Morad Elyaoudayan, Leo Hoffman, Hanna Hoffman, and Tina Kushner, the Hoffmans’ daughter. Elyaoudayan filed a cross-complaint against the Hoffmans and Kushner (collectively the Hoffmans) and both plaintiffs. The dispute concerned Elyaoudayan’s attempt to purchase real property from the Hoffmans. Upon filing the cross-complaint, Elyaoudayan recorded a lis pendens against the property.

At some point, the complaint was dismissed, and the case proceeded as to the cross-complaint. On May 15, 2001, the case was called for jury trial. The following day, all counsel were present…