On November 29, 2017, California Court of Appeal published a new opinion regarding the requirements of the enforcement language in settlement agreements.

In SHAUNAK SAYTA, Plaintiff and Appellant, v. EDMUND CHU et al.,, the Court was asked to enforce a written settlement agreement. The court refused to enforce the settlement agreement because the parties failed to request retention of jurisdiction at a hearing and in the settlement agreement, before the dismissal. The court based its decision on the fact that it lacked jurisdiction to entertain the motion because the language in the settlement was insufficient.

The Court concluded that the language of the settlement agreement musts state that the parties request that the court retain jurisdiction to enforce the settlement. The court stated that “By its very terms, section 664.6 is limited to settlements reached in pending litigation.” (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206 (Viejo Bancorp).) . Therefore, if you dismiss the case before the request is made, then the court loses jurisdiction.

Here the court based its conclusion that, . . . the court lost subject matter jurisdiction when the parties filed a voluntary dismissal of the entire cause. Since subject matter jurisdiction cannot be conferred by consent, waiver, or estoppel, the court cannot ‘retain’ jurisdiction it has lost.” (Viejo Bancorp, at pp. 206–207.)

The moral of the story is, that the Parties during some proceeding before a dismissal, must request that the court retain jurisdiction. This case is important for all civil, probate and trust settlements, and for attorneys to review. For probate and trusts attorneys, it appears that the court wants parties to appear, to ask the court to retain jurisdiction to enforce, and not to dismiss the case before the court makes an order retaining jurisdiction for enforcement purposes.

Call Mina Sirkin, probate attorney about probate and trust settlement requirements in Los Angeles California. Call 818.340.4479.

Probate Litigation Los Angeles

Los Angeles, Ca: Mina N. Sirkin is a Los Angeles, California Board Certified Specialist trust litigation attorney in the areas of Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California who practices trust estate litigation. Our main office serves all of Los Angeles County, and our attorneys can help you and your family with trust litigation and mediation legal representation in Los Angeles.

Legal services:

Probate Litigation

Trust Litigation

Estate Litigation Los Angeles Attorneys
Probate Code 850 Actions: Litigating Recovery of Trust Assets

Trust Contests
Litigation Involving Validity or Invalidity of a Trust or Amendment

Elder Law Litigation & Financial Elder Abuse
Trust Estate Litigation Los Angeles

Will Contests
Disputes about Appointment of an Executor or Trustee

Ms. Sirkin is admitted to practice in the following Courts:

1992-Admitted to Practice in All California Courts

1992-Federal Court- Central District of California

1992-Federal Court, 9th Circuit Court of Appeals

Bar Memberships:

State Bar of California, Trust & Estates Section

Los Angeles County Bar Association, Trusts & Estates Section

Beverly Hills Bar Association- Trust & Estates Section

San Fernando Valley Bar Association – Trust and Estate Section

American Bar Association

National Academy of Elder Law Attorneys (NAELA)

Education:

Probate Attorneys

University of California, Los Angeles, B.A. 1988

Whittier School of Law, J.D. 1991

Golden Gate University School of Law, LLM, (Taxation), 1998

Television Appearances:

Ms. Sirkin served as the Legal Expert and Commentator: CBS 2/ KCAL-9 TV. Prime-time News covering the Anna Nicole Smith Case.

CNN Legal Expert on the Estate of Michael Jackson.

EOnline.com re the Estate of Bobbie Brown.

Recently Quoted In:

CNN Money.com and Fortune Small Business: Jan. 10, 2008, What to do before you launch.

NY Times: March 18, 2008, Breaking the Silence

Health Care Risk Management: August 2008: Know what to do when faced with suit.

CreditCards.com: February 2009. What to do if your retail credit card issuer goes bankrupt.

MSNBC: March 9, 2009, When a celebrity endorsement sours.

Probate Attorneys Los Angeles Trust Litigation Attorney

MSN Money: March 2009, The Making of Ivanka Trump.

Probate Attorney Los Angeles California

Bankrate.com, October 2009, 9 Key Estate Planning Tools

Media Expert, 2009-2015

CNN

Rollingstone.com

NPR News

Moneyline.com

EOnline

CNBCUNI

Trust Litigation Attorney Los Angeles

Awards and Designations:

Winner of the American Jurisprudence Award in Constitutional Law in 1990.

Winner of the California Tax Bar Scholarship in 1997.

Super Lawyers 2010.

Certification and Specialization:

Ms. Sirkin is a Certified Specialist attorney in the areas of Estate Planning, Probate and Trust Law by the State Bar of California Board of Legal Specialization. Probate Attorneys.

Publications and Teaching Experience:

Los Angeles County Bar Association, Trusts & Estates Section News, Internet Sites for Estate Planners.

Instructor, Los Angeles County Bar Association: DPCDA and Conservatorships

Instructor and Co-Author, Probate Start to Finish (2006), National Business Institute. Probate Lawyers

Co-Instructor, Estate & Trust Education Resource: (2007) “Prep Course for the Certified Specialist Exam in Estate Planning, Trust and Probate,” Los Angeles, CA and San Jose, CA.

Published Case: Student v. Los Angeles Unified School District (2007) OAH: N 2006120552

Featured Speaker, What law schools don’t teach you about the “Science of Marketing.” (2008). Peter Port Productions.

Speaker, Estate, Financial and Health Care Planning for Elder Clients (Nov. 2008). National Business Institute.

Co-Author, Estate and Tax Planning: Qualified Retirement Plans and IRAs (Jan. 2009), National Business Institute.

Instructor, Elder Abuse Litigation, LAPA 35th Annual Meeting (2011)

Instructor, Elder Abuse (Advanced Probate)

LAPA 38th Annual Meeting (2014)

Instructor, Lorman, Elder Abuse Litigation (2014)

Other Activities:

· PVP Panel Member, Los Angeles County

· Settlement Officer Panel Member, Los Angeles Superior Court

Evan R. Sirkin is an expert attorney in Estate Planning, Probate and Trust Law in California.

Estate Planning Attorney San Fernando Valley

Mr. Sirkin is admitted to practice in the following Courts:

1990-Admitted to Practice in All California Courts

San Fernando Valley Woodland Hills Probate Trust Litigation Lawyers Attorneys

Bar Memberships:

· State Bar of California, Trust & Estates Section

· Los Angeles County Bar Association, Trusts & Estates Section

· San Fernando Valley Bar Association

Education:

· University of California, Los Angeles, B.A. 1985

· Loyola Law School, J.D. 1988

Legal services include:

· Estate Planning

· Living Trust Formation and Administration

· Conservatorship

· Special Needs Trust Creation and Planning

· Guardianship

· Probate

· Entity Formation, including LLCs, Corporations, & Partnerships

Marilyn Mamann (1946-2010)

OFFICE LOCATIONS

Main Office:

21550 Oxnard Street, Third Floor
Woodland Hills, CA 91367
Phone: 818. 340. 4479
Fax: 818. 340. 7952
E-Mail: sirkinlaw@aol.com

West Los Angeles
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Los Angeles, CA 90064
Tel: 800-300-9977

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Irvine, CA 92715
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Los Angeles, CA 90045
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Los Angeles, CA 90071
Tel: 800-300-9977

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Glendale, CA 91203
Tel: 800-300-9977

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225 South Lake Ave., Suite 300
Pasadena, CA 91101
Tel: 800-300-9977

Litigating a Trust Case? If you would like to get more information regarding Trust litigation in Los Angeles, California, click here. trustlitigationlosangeles.com

Tag: Probate Litigation Los Angeles

CCP 664.6 Enforcement of Settlements New 2017 California Case

Probate Litigation

Probate Litigation Los Angeles