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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Filed December 15, 2009
Opinion by Judge Duffy
For Appellant: Robert J. Yorio, Christopher P. Grewe, Carr & Ferrell
For Appellee: Timothy J. Walton, Law Offices of Timothy Walton
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