Legal Question in Family Law in California
Unstipulated claim waiver by judgment
If only the Judge and the two attorneys sign an Amended Judgment forcing a mutual claim waiver that goes beyond what each litigant previously stipulated to on the record but never personally signed, how enforceable is that extended claim waiver if the Judgment is not appealed or vacated? If such a Judgment is not appealed, is it then enforcable merely because it remained on the record? Would this Amended Judgment be less enforceable if it declared by the court on record that the original (pre-amended) Judgment was erroneously signed by the court?
1 Answer from Attorneys
Re: Unstipulated claim waiver by judgment
It is possible for the judgment or order to be set aside, but you must move quickly. There is a limited time for which you may set aside the judgment or order. Good Luck, Pat McCrary
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