Gauss v. GAF Corp.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
PARRILLI, J.
These consolidated appeals raise a question about the enforceability of mass tort settlements under Code of Civil Procedure section 664.6. Specifically, can section 664.6 be used to enforce a settlement that was signed by a party’s agent, rather than the party itself, when the agent had sole and exclusive authority to settle claims on the party’s behalf? Reluctantly, we conclude the answer is no. The summary, expedited enforcement procedure afforded by section 664.6 is only available when a settlement satisfies the statutory requirements designed to ensure the parties have…
2Cases cited17 opinions
- Blanton v. Womancare, Inc.California Supreme Court · 1985
- Weddington Productions, Inc. v. FlickCalifornia Court of Appeal · 1998
- Mattco Forge, Inc. v. Arthur Young & Co.California Court of Appeal · 1997
- Levy v. Superior CourtCalifornia Supreme Court · 1995
- Murphy v. PadillaCalifornia Court of Appeal · 1996
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Stewart v. Preston Pipeline Inc.California Court of Appeal · 2005
- Provost v. Regents of University of CaliforniaCalifornia Court of Appeal · 2011
- Ebensteiner Co., Inc. v. Chadmar GroupCalifornia Court of Appeal · 2006
- City of Gardena v. Rikuo Corp.California Court of Appeal · 2011
- Critzer v. EnosCalifornia Court of Appeal · 2010
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