Legal Question in Civil Litigation in California

Usually a matter of days or a couple of weeks should suffice to get a draft settlement agreement and request for dismissal to the other party. Regular mail or e-mail are usually sufficient, depending on the relationship of the two attorneys. It might be that plaintiff and her attorney disagree about the settlement and dismissal, and that may be why there's been no resolution. There is no settlement, however, unless the parties unequivocably agree on the material terms. Your wife might have to prepare for trial unless a settlement is nailed down.

Mr. Cohen is correct. I would go further, however, and suggest that depending on the terms, the complexity of the case, the involvement of other parties, the work habits of the attorneys, and other factors, it could take weeks or months for a settlement agreement to be drafted and circulated.

Further, there is no enforceable settlement until and unless there is a written agreement signed by the parties (not simply agreed to by the attorneys), or the agreement is placed on the record in front of a judge.

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I wouldn't say there is no enforceable settlement agreement as stated by Mr. Fox. There just is no settlement agreement that is enforceable pursuant to Code of Civil Procedure section 664.6. But the failure to comply with a written settlement agreement would not preclude a new action to enforce the settlement agreement, on the grounds of breach of contract.

Again, Mr. Roach is wrong. Attorneys cannot bind their clients to settlements. There is extensive case law on this point. So unless your wife and the plaintiff directly spoke to each other and agreed that there was a settlement, there is no enforceable settlement. There may be other remedies, but not for enforcement or breach of a settlement. Other than that I agree with the previous answers, and would add, to answer the rest of your question, "no" we do not send things by certified mail unless we are complying with a statutory or regulatory requirement.