Thursday, January 16, 2014

Reversing a Judgment via Stipulation

Are you familiar with CCP section 128, subd. (a)(8), allowing for stipulated reversals?
Every now and then one of these pops up on the opinions. Here's the latest example, from 2/5 earlier this week: Velzen v. Fard. PJ Turner explains:

This appeal involves a routine business dispute and related issues concerning confusion over a settlement. There is no reasonable possibility the interests of nonparties or the public will be adversely affected by the reversal of the judgment and dismissal of all claims. This is a routine civil dispute and plaintiffs are unregulated entities. Further, there is no danger an erosion of public trust will result from the reversal of the judgment and dismissal of all claims. Moreover, there will be no effect on any incentive for pretrial settlement since this resolves the case once and for all. There is no evidence plaintiffs deliberately delayed settlement until after they had a default judgment entered against them and their third amended complaint had been dismissed. Public trust in the courts is also be enhanced by settlements of pending appeals and related litigation. The settlement
in this case occurred because the parties were attempting to resolve their dispute without further unnecessary litigation costs. The settlement was negotiated in a judicious and patient fashion by the parties.

[1/21/14 Update: here's another one]