Legal Question in Civil Litigation in California

In a Medical Malpractice case settlement, if the defendant/counsel refuses to send a settlement check to the In Pro Per-Plaintiff, and they had refused to have a CCP 664.6 provision in the Settlement Agreement, and they had a clause in the agreement stating that neither party can sue each other for any cause of action arising out of the underlying & subsequent dispute(s), settlement, etc. (but they did state, at Plaintiff's request, that each party bear their own Attorney's fees for negotiating),,,, would they be successful in demurring a subsequent complaint and/or a SLAPP Motion, for a Breach of Written Contract/Breach of Settlement Agreement subsequent Lawsuit, that would later be filed against them (defendant, defendant's counsel, and their Insurance Carrier), if they don't pay the settlement ?


Asked on 10/02/14, 12:07 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I told you the answer to this already. Don't file a request for dismissal unless the request for dismissal states that the court is to retain jurisdiction pursuant to Code of Civil Procedure section 664.6. Don't sign the dismissal until all parties sign the settlement agreement.

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Answered on 10/02/14, 1:55 pm


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