Legal Question in Family Law in California

Re: Stopping a recent settlement agreement

I think it would be impossible to answer this without reading what you did sign

Re: Stopping a recent settlement agreement

If you have an attorney you will not need to travel back and forth nearly as much if at all. It may be possible to change the agreement or have it set aside for fraud (he did not comply with the terms and had not intent to comply). You will need a much more complete review of the agreement and the circumstances under which the agreement was entered into to have a good answer to your question. I guess the simple answer is you are not totally out of luck, but you may be in a hole you need to work yourself out of. Good Luck, Pat McCrary

Re: Stopping a recent settlement agreement

I'm assuming that the agreement you signed at court was less formal than the "final" papers the lawyer is preparing. In other words, the second agreement would have the same terms as the first one, only be typed up and formalized. Maybe as part of a Judgment.

It seems to me that they could have the judgment entered without your second signature (if it is the same as the one with your signature), by filing a CC 664.6 motion.

You can petition the court, within one year of entry of judgment, to set aside the judgment based upon unilateral mistake of fact or law, 2 years if based on duress.

Note that I said you can ASK, that does not mean it will be granted.