Gonzales v. Ramirez CA3

DISCUSSION

I Section 664.6 Gonzales contends the family court erred in enforcing the stipulation under section 664.6 because several defendants to the civil action did not sign the stipulation. He further claims because the signature requirement in section 664.6 was not satisfied, the family court lacked authority to dismiss the civil action under section 128.2 We disagree. “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part

1 We received Gonzales’s notice of appeal on April 19, 2021. The briefing schedule was delayed due to delays in preparation of the record, Gonzales’s defaults, motions to augment the record, and the parties’ requests for extension of time to file their briefs. The case was fully briefed on December 15, 2023.

Gonzales also filed a separate notice of appeal on the family court’s custody order. But his opening brief does not address any custody issues. 2 Ramirez contends that res judicata bars Gonzales’s appeal because his previous appeal of the January 2020 order was dismissed for failure to designate the clerk’s transcript and…