Levy v. Superior Court

I respectfully dissent.

This case presents a simple question of statutory interpretation: Is a settlement agreement entered into by a duly authorized attorney on behalf of his or her client enforceable under the summary procedures of Code of Civil Procedure section 664.6?1 The majority concludes it is not. Failing, as a practical matter, to distinguish between the need for authorization of a settlement agreement, on the one hand, and the manner of its execution, on the other, the majority holds that, irrespective of authorization, only settlement agreements executed by the parties personally…