| 1. |
A lawyer can sign a settlement agreement for his or her client and have it enforced under Code of Civil Procedure section 664.6. |
True |
False |
| 2. |
As long as a settlement agreement states that it is enforceable under section 664.6, it can be enforced. |
True |
False |
| 3. |
To be enforceable, a settlement agreement must be signed by all parties, not just the party against whom enforcement is sought. |
True |
False |
| 4. |
A court cannot find that material terms are missing from a settlement agreement when the agreement states that there are no other significant terms. |
True |
False |
| 5. |
If a party resides in a distant location, it’s acceptable under section 664.6 for the party to sign a declaration after the fact, stating that he or she agrees with the settlement. |
True |
False |
| 6. |
If a settlement is agreed to in open court, it is enforceable under section 664.6. |
True |
False |
| 7. |
To enforce the agreement under section 664.6, a party must sign the settlement agreement itself, and not a separate declaration. |
True |
False |
| 8. |
A settlement agreement can be enforced under section 664.6 when some parties sign the settlement agreement and others assent orally in court. |
True |
False |
| 9. |
A lawyer’s statement in open court is sufficient for a settlement to be enforceable under section 664.6. |
True |
False |
| 10. |
An agreement can be enforced under section 664.6 even if it does not meet the basic requirements of contract formation. |
True |
False |
| 11. |
There are limited exceptions to the rule that parties themselves must sign a settlement for it to be enforceable under section 664.6. |
True |
False |
| 12. |
The rationale for the “party signature” requirement is that settlements implicate a substantial right of the litigants. |
True |
False |
| 13. |
A husband can sign a settlement agreement on his wife’s behalf and have it enforced under section 664.6. |
True |
False |
| 14. |
The approach taken by the court in Levy has been disapproved. |
True |
False |
| 15. |
There must first be contract formation before an agreement can be enforced under section 664.6. |
True |
False |
| 16. |
A party can enforce a settlement agreement under section 664.6 only if he or she has signed it. |
True |
False |
| 17. |
If a settlement agreement is signed during mediation, it will not be admissible in court unless the parties waive the mediation privilege. |
True |
False |
| 18. |
Section 664.6 provides a summary procedure whereby a settlement agreement may be enforced without need for a trial. |
True |
False |
| 19. |
The stringent requirements of section 664.6 are relaxed when an agree-ment is prepared in a mediation. |
True |
False |
| 20. |
If you plan to enforce a settlement agreement under section 664.6, a party who does not attend a mediation should be available by fax or email to sign and return the settlement agreement. |
True |
False |