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§ 664.6.

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 8. The Manner of Giving and Entering Judgment · Enacted 1756 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 664.6 lets parties who stipulate to settle a case — in a signed writing or orally before the court — get the settlement enforced through entry of judgment on its terms, and lets the court instead dismiss the case without prejudice while retaining jurisdiction to enforce the settlement until it's fully performed.

Full Text of § 664.6

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:
(1) The party.
(2) An attorney who represents the party.
(3) If an insurer is defending and indemnifying a party to the action, an agent who is authorized in writing by the insurer to sign on the party's behalf. This paragraph does not apply if the party whom the insurer is defending would be liable under the terms of the settlement for any amount above the policy limits.
(c) Paragraphs (2) and (3) of subdivision (b) do not apply in a civil harassment action, an action brought pursuant to the Family Code, an action brought pursuant to the Probate Code, or a matter that is being adjudicated in a juvenile court or a dependency court.
(d) In addition to any available civil remedies, an attorney who signs a writing on behalf of a party pursuant to subdivision (b) without the party's express authorization shall, absent good cause, be subject to professional discipline.
(1) If a plaintiff, cross-complainant, or other party seeking affirmative relief has filed a notice of conditional settlement, the court may, upon its own motion, without stipulation from the parties or their counsel, set an order to show cause as to why the court should not dismiss the entire action without prejudice and retain jurisdiction to enforce the settlement.
(2) This subdivision does not apply to actions brought pursuant to Chapter 5 of Title 3 of Part 2 of the Code of Civil Procedure (commencing with Section 378) and Part 13 of Division 2 of the Labor Code (commencing with Section 2698).
(f) If the Court enters judgment or dismisses the case without prejudice pursuant to this section, the following shall apply:
(1) A party may file a motion or other document pertaining to the settlement, including an application for determination of good faith settlement, a motion for the reduction or determination of a lien, a petition related to the compromise of the claim of a minor or person with a disability, or, if the terms of a settlement are not performed, a motion based upon such terms. Responsive filings and related documents may also be filed.
(2) The court shall exercise its retained jurisdiction if a party files a notice that a written settlement agreement required of all parties was not signed by all parties.
(3) A party who has paid a first appearance fee shall not be assessed a first appearance fee again for filing a motion, notice or other document pertaining to the settlement after entry of judgment or dismissal without prejudice.
(4) The clerk of the court shall accept any motion, notice, or other document properly filed by a party after entry of judgment or dismissal without prejudice.
(g) Nothing in this section shall preclude a party from filing a request for dismissal with prejudice after the court has dismissed the case without prejudice pursuant to this section.
(h) On or before January 1, 2025, the Judicial Council shall update or develop new forms or Rules of Court as necessary to implement this section.
(i) This section shall become operative on January 1, 2025.

Plain-English Summary

This is the section litigators reach for to enforce a settlement without filing a new breach-of-contract lawsuit. When parties to pending litigation stipulate to settle — either in a writing signed outside court or orally before the court — subdivision (a) lets the court, on motion, enter judgment on the settlement's own terms. Alternatively, if the settling parties or their counsel so stipulate, the court can dismiss the case without prejudice and keep jurisdiction to enforce the settlement until every term is performed.

Subdivision (b) is specific about whose signature counts as the party's own: the party personally, an attorney representing the party, or — where an insurer is defending and indemnifying — an insurer-authorized agent, so long as the party wouldn't be on the hook for anything above the policy limits under the settlement. Subdivision (c) carves attorney and insurer-agent signatures out of civil harassment, Family Code, Probate Code, and juvenile or dependency matters, and subdivision (d) exposes an attorney who signs without the party's actual authorization to professional discipline, absent good cause.

Subdivision (e) adds a mechanism for conditional settlements: once a plaintiff or other party seeking relief files a notice of conditional settlement, the court can set an order to show cause, on its own motion, about dismissing the whole action without prejudice while retaining enforcement jurisdiction — though this doesn't reach class actions under § 378 or PAGA actions under Labor Code § 2698. Subdivision (f) keeps the door open after dismissal or judgment: parties can still file motions tied to the settlement — good-faith settlement determinations, lien disputes, minor's-compromise petitions, or motions to enforce unperformed terms — without paying a second first-appearance fee, and the clerk must accept those filings. Subdivision (g) confirms nothing here blocks a later dismissal with prejudice.

Frequently Asked Questions

What does § 664.6 let a court do with a settlement?

Enter judgment on the settlement's terms, or dismiss the case without prejudice while retaining jurisdiction to enforce it.

Can an attorney sign the settlement stipulation for the client?

Yes, generally, except in civil harassment, Family Code, Probate Code, and juvenile or dependency matters, and only within the party's actual authorization.

What happens to an attorney who signs without authorization?

Absent good cause, that attorney is subject to professional discipline, in addition to any available civil remedies.

Can a party still file motions about the settlement after the case is dismissed?

Yes, including motions for good-faith settlement determinations, lien disputes, minor's-compromise petitions, or enforcement of unperformed terms, without a second first-appearance fee.

Does this section apply to class actions or PAGA cases?

The conditional-settlement dismissal mechanism in subdivision (e) does not apply to class actions under § 378 or PAGA actions under Labor Code § 2698.

Amendment History

Added by Stats 2023 ch 478 (AB 1756),s 13, eff. 1/1/2024.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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