Sanglimsuwan

In prior litigation, plaintiff and defendant settled by way of a "stipulation for judgment," which obligated defendant to make monthly payments secured by a deed of trust on his residence. Defendant personally signed the deed, and his attorney signed the stipulation.

Defendant defaulted on the payments. Plaintiff filed the present action to foreclose on the trust deed. The trial court entered judgment in plaintiffs favor based on the stipulation for judgment in the earlier case.

The question on appeal is whether the trial court properly granted plaintiff relief under section 664.6 of the Code of Civil Procedure—which authorizes a trial court to enforce a settlement agreement signed by the parties during pending litigation— even though defendant did not sign the stipulation for judgment. We conclude that, without defendant's signature, the stipulation was not enforceable and therefore reverse.

On July 10, 1991, American Professional Business Bureau, Inc. (APBB) filed an action against Sukanit Sanglimsuwan in the Los Angeles County Superior Court case of American Professional Business Bureau, Inc. v. Sanglimsuwan (Super. Ct. L.A. County, 1991, No. BC032456). The case…