Sayta

Sayta v. Chu

Good Law
17 Cal. App. 5th 960·225 Cal. Rptr. 3d 845
Court of Appeal of CaliforniaNovember 29, 2017A148823California2,909 words

Opinion

lead Opinion

Bruiniers, J.

*962 Code of Civil Procedure section 664.6 provides a summary, expedited procedure to enforce settlement agreements. 1 This case offers an object lesson on the requirements to invoke section 664.6 and the consequences of failure to comply with those requirements.

In this matter, Shaunak Sayta filed suit against respondents Edmund Chu, Peter Chin, Susan Lai, and Taia Chin (Chu's niece; hereafter Taia), 2 alleging various causes of action arising from efforts to terminate Sayta's tenancy. The suit was resolved by a written settlement agreement. The complaint, and a cross-complaint against Sayta, were dismissed by the parties. Sayta subsequently brought a motion to enforce the settlement pursuant to section 664.6, alleging breach of a confidentiality provision and seeking liquidated damages. The trial court denied the motion on the merits and Sayta appeals.

Because the parties failed to request, before dismissal, that the trial court retain jurisdiction to enforce the settlement, or alternatively seek to set aside the dismissals, we find the court lacked jurisdiction to entertain the motion. We therefore reverse on that basis and do not reach the merits.

*963 I. BACKGROUND AND…

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