Walton v. Mueller
California Court of Appeal
102 Cal. Rptr. 3d 605 (2009)
Relevant factsFree
After Walton (plaintiff) obtained a $40,000 default judgment against Mueller (defendant) and later attempted to levy his bank account to collect it, the parties exchanged conflicting settlement correspondence disputing whether a binding agreement had formed to settle for $15,000, with each side raising conditions the other found unacceptable; Mueller moved under section 664.6 to enforce a purported $15,000 settlement, and the trial court found no enforceable settlement agreement had actually formed and denied the motion.
IssueFree
Whether, generally, after a final judgment has been entered, a party may have a later settlement agreement entered as a new judgment.