Legal Question in Civil Litigation in California

Enforcement of a settlement agreement

In Federal Court: Can the original Judge that presided over the settlement agreement be requested to preside over the enforcement hearing. I'm being told that the Court is assigning another Judge to hear the enforcement action. Can I ask to wait untill the original Judge is available?


Asked on 2/26/02, 8:20 pm

3 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Enforcement of a settlement agreement

I intend to only suppliment the previous answer. We are all more comfortable before judges we know. However, the problem here is that the party making the settlement is either unwilling to fullfill their part of the agreement or doesn't have the financial ability to fulfill it. Depending on the nature of the judgment that came from the settlement agreement. The court may not be able to do anything but order the case back onto the trial calender.

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Answered on 2/27/02, 9:30 am
Judith Deming Deming & Associates

Re: Enforcement of a settlement agreement

No; you cannot pick and choose whatever judge you want.

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Answered on 2/27/02, 7:14 pm
Wayne Smith Wayne V. R. Smith

Re: Enforcement of a settlement agreement

Probably not. Best to go ahead as is, and if issues come up that you believe should be heard by the trial judge, then respectfully suggest that to the new judge.

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Answered on 2/26/02, 8:42 pm


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