Legal Question in Civil Litigation in California

The defendant is not part of the settlement, and has no obligations under the agreement. The claim against that defendant would continue, unless it was dismissed as part of the settlement.

Settlement agreements are not filed with the court. If a defendant was not a party to the settlement agreement, he/she is not obligated pursuant to its terms unless he/she entered into an oral agreement. If the defendant agreed to settle and there was a mistake in not including the defendant in the agreement, the attorney should draft a separate agreement for him/her to sign or prepare another agreement with all parties named and have everyone sign it again.

Settlement agreements are sometimes filed with the court, depending on whether or not they are confidential and whether they are subject to some type of motion to enforce. I disagree with Ms. Karila and agree with Mr. Perry.