Legal Question in Civil Litigation in California

Unfortunately, the court schedules these hearings, although there is no legal reason for the court to do so. When a case has been settled, the attorneys are required to notify the court of the settlement. If the settlement is in writing, signed by the parties outside of court, or made on the record in court, the settlement is enforceable by way of a motion to enter a judgment, pursuant to Code of Civil Procedure section 664.6. The court may dismiss a case that has settled, but the parties can ask the court to retain jurisdiction to enforce the settlement.

In that situation, there is no reason for the court to continue to have hearings. If one party fails to comply with the terms of the settlement, and the court retains jurisdiction, the affected party simply files a motion to enforce the settlement agreement, by entering a judgment that contains all of the material terms of the settlement agreement. But that depends on the parties, and not the court's continual supervision.

If what Mr. Roach suggests fails, your attorney could always appear by telephone and save billable hours and the environment in that way. There's a sizable cost for the call, but it shouldn't be as expensive as an attorney billing for traveling to and from court.

You don't mention what court you are in, but I have NEVER heard of a court that wants to waste its time hearing that a settlement that is not supposed to be concluded yet, and that has not been the subject of a motion to enforce, is simply still being paid. Your attorney should have told the judge at the first status of settlement hearing the date that settlement is due to be concluded, that if the payments stop coming he will file a motion, and otherwise ask the court to set the next hearing for after the settlement is due to be completed, with the hearing vacated if the settlement is concluded and a dismissal filed. There is no excuse I can think of for your attorney not handling it that way. In fact the FIRST settlement status hearing should have been requested to be after the settlement was due to be concluded. So I would tell your attorney you are not paying him a dime for wasting his and the court's time and your money, and that all you will pay him for unless the defendant breaches the settlement is for filing and mailing in a request for dismissal after the settlement is concluded.