Walton v. Mueller, No. H034058

In an action against a judgment creditor to enforce an alleged settlement, alleging that the parties reached an agreement to fully satisfy the $40,000 judgment by paying the defendant $15,000, trial court's finding that no settlement agreement was ever reached is affirmed as, regardless of whether an agreement was reached, section 664.6 does not apply after a judgment has become final in an ordinary civil action because at that point, litigation is no longer pending as expressly contemplated by the statute.     

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Appellate Information

Filed December 15, 2009

Judges

Opinion by Judge Duffy

Counsel
For Appellant:   Robert J. Yorio, Christopher P. Grewe, Carr & Ferrell

For Appellee:   Timothy J. Walton, Law Offices of Timothy Walton