Legal Question in Civil Litigation in California

Re: Defendant Backing Off From Settlement

Ofcourse...inform the Judge that there is no setttlement and give you a trial date.

Re: Defendant Backing Off From Settlement

Usually not. If you stated in front of the judge in open court that you agreed to the terms of the settlement, such a statement may be considered to be as good as a judgment. But even if you did not state such in open court, you still have entered into a binding contract, which would put you in breach once you seek to put the case back on for trial. Having said that, an attorney may be able to find some ambiguity or problem with your "settlement" such that there are still some issues left unresolved that still need to be clarified through a trial. But it is likely you are going to be stuck with the settlement you agreed to.

Re: Defendant Backing Off From Settlement

File a statement with the court stating that defendant is not complying with the settlement agreement. Then ask that the matter be set for trial. Or as was otherwise file a motion to enforce the settlement agreement. You should consult with either your present attorney or another attorney about the case and you options.

Re: Defendant Backing Off From Settlement

If the settlement were recited in open court, or if you have a written agreement, you may file a motion with the court to enforce the settlement.