Legal Question in Civil Litigation in California
I am the Defendant et al, in a Limited Civil Case. I agreed in open court, on record to a settlement. The plaintiff was not PRESENT, the attorney for the plaintiff was not PRESENT. The attorney of record hired a outside attorney who knew nothing about the case and never spoke to or met with the plaintiff. My question is C.C.P 664.6 says ALL ACTUAL PARTIES must be present when no written agreement exists. Does this mean the settlement could be considered as VOID? I feel if I had dealt with the actual party I could have rec'd a better deal.
2 Answers from Attorneys
I sometimes appear for parties when they can't make it to court. Because the attorney is retained by the firm that represents the plaintiff, the plaintiff is bound by the on-the-record settlement. You can bring a motion to enforce the settlement if there's something that the plaintiff is required to do. I'd be interested to know more. Feel free to e-mail me privately.
It sounds like you are trying to back out of the deal, but I don't see any basis on which you could do so. Depending upon the details, the plaintiff might be able to back out because she wasn't there when the deal was made. That does not mean you can do likewise. You were there and you made the agreement on the record, so you are probably stuck with it if the plaintiff doesn't back out.
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