ATTORNEY STIPULATED JUDGMENTS ARE UNENFORCEABLE
Most lawsuits are never tried. When lawsuits settle, the case is often dismissed. Many times, however, the settlement is embodied in, or backed up by, a stipulated judgment. Sometimes the settlement is so intricate, that the stipulation for judgment is not the principal settlement document.
However, no matter how many other documents are signed by the parties, it is important not to forget that California Code of Civil Procedure § 664.6 provides that a stipulation for a judgment made outside the presence of the court must be signed by the parties. Attorneys signing for the parties is not sufficient. In the recent case of Account Management Associates v. Sanglimsuwan (2001) 91 Cal.App.4th 773, the defendant agreed to settle a case by making monthly payments secured by a deed of trust on his home. While the defendant had signed the deed of trust, he had not signed the stipulated judgment. The Court of Appeal ruled that the Stipulation for Judgment was not enforceable since it was not signed by the defendant and, therefore, the deed of trust securing the judgment could not be enforced. The lesson learned is that the client must always sign the stipulation for judgment.
