Attacks on Jurisdiction Rebuffed, Garnering $15,592 in Fees When Motion to Void Judgment Denied.
We commend all litigators to read the unpublished decision in Stone v. Stone, Case No. B239097 (2d Dist., Div. 4 Oct. 18, 2012) (unpublished). It involves husband’s attempt to void a settlement agreement/merged judgment reached in a bitter dispute with ex-wife and his children. However, it has discussions of recurring issues arising under CCP § 664.6, the statutory enforcement mechanism for settlement agreements in California state courts. It talks about subject matter jurisdiction, personal jurisdiction, severability of settlement provisions, and parol evidence issues of interest all around.
Wife was found to be the prevailing party entitled to fees under the settlement agreement fees clause, meaning that the $15,592 fee recovery from the trial court was affirmed–and she gets a chance to seek fees for seemingly winning on appeal.