Housing Group v. United National Insurance

May parties engaged in private dispute resolution stipulate to the appointment of a judicial referee or judge pro tempore to secure a *1108 settlement enforceable by the court under Code of Civil Procedure section 664.6? 1 Not unless they seek the reference in pending litigation.

This appeal was taken from an order of the Superior Court of San Francisco County purporting to enforce an insurance coverage settlement entered pursuant to section 664.6 and enter partial judgment thereon. We conclude that the superior court lacked jurisdiction and the order was void.

The original filing in the Superior Court of San Francisco County was a stipulated petition for the appointment of a “judge pro tempore” to preside over the entry of a settlement. Although no dispute was pending between the parties in the superior court, the court appointed a “judge pro tempore,” and the parties recorded a settlement at a hearing before him. Thereafter, a dispute arose in which the insured contended the insurer had not fulfilled its obligations under the settlement. The insured filed a motion to enforce the settlement in superior court. The insurer responded on the merits, disputing the insured’s…