Legal Question in Real Estate Law in California

Re: Stipulation for entry of judgement

Your question is a little short on facts, but let me take a crack at it. A stipulation is a kind of contract used in court proceedings to simplify the adjudication of matters upon which the parties are able to agree. If you are a party to a suit, your attorney may be asked -- or (s)he may ask the opposing attorney -- to stipulate to certain matters, including entry of judgment.

In some instances, an attorney can stipulate to matters without consulting, or even contrary to the wishes of, the client. Judgments are not, to my knowledge, one of those areas. Whether you are a client or are in pro. per. and a stipulation for judgment is presented to you by the other side, through your attorney or directly, you should have the right and the opportunity to refuse to stipulate until the stipulation meets your approval.

Refusing to stipulate because of minor disagreement with the terms or wording is often not good tactics, however, because the other side or the judge may become very irritated about your unreasonableness.

Take a look at Code of Civil Procedure sections 1132-1134 regarding confession of judgment without action and 1138-1140 regarding submitting a controversy without action to see if either of these applies to your situation. Note especially that 1133 requires a defendant's written statement signed and verified under oath. You must not sign anything under oath unless you agree with its entire contents.

Re: Stipulation for entry of judgement

Mr. Whipple's response was certainly fine. I would only disagree in this respect. If you don't agree for any reason, then don't agree! If the issue of disagreement is a "minor one of wording", it is equally a minor one of wording for the other side as well. I would not worry about how the judge might perceive your insistance upon withholding consent. If agreement is not reached in the judge's mind due to minor wording issues, he is just as likely to perceive the otherside as "unreasonable" as he is you.

Hope this is helpful.