§ 664.7. — 664.7. (Added by Stats. 1998, Ch. 856, Sec. 1.)

California § 664.7.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 8.
• Part 2.: TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS
• Ch. 8.: CHAPTER 8. The Manner of Giving and Entering Judgment

Text

(a)
Notwithstanding Section 664.6, if parties to a pending construction defect action stipulate personally or, where a party’s contribution is paid on its behalf pursuant to a policy of insurance, the parties stipulate through their respective counsel, in a writing signed by the parties outside 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 requested by the parties, the court may retain jurisdiction over
the parties to enforce the settlement until performance in full of the terms of the settlement.
(b)
It is the intent of the Legislature that this section modify the holding of Levy v. Superior Court (1995), 10 Cal. 4th 578, regarding the authority of counsel in a construction defect action to bind a party to a settlement.
(c)
For purposes of this section, “construction defect action” shall mean any civil action that seeks monetary recovery against a developer, builder, design professional, general contractor, material supplier, or subcontractor of any residential dwelling based upon a claim for alleged defects in the design or construction of the residential dwelling unit.

Legislative History

Added by Stats. 1998, Ch. 856, Sec. 1. Effective January 1, 1999.