Existing law allows parties to pending litigation who reach a settlement to ask the court to enter judgment according to the settlement’s terms and, in appropriate cases, retain jurisdiction to enforce the agreement. That procedure ordinarily operates where litigation has already been filed.
AB 1908 expands that mechanism for certain tort claims against local public entities that are eligible for payment through a victims’ compensation fund or another victim-related financial assistance program established by the public entity. Under specified conditions, a court may enforce the settlement even when an action arising from the claim has not been filed or has been voluntarily withdrawn. AB 1908 is intended to allow qualifying settlements involving local public entity compensation programs to receive judicial enforcement without requiring the claimant to maintain a separate civil action. AB 1908 took effect immediately as an urgency statute.
Public agencies establishing or administering victim compensation programs should ensure qualifying settlement agreements are drafted to satisfy the statutory requirements if the parties intend to seek judicial enforcement under Code of Civil Procedure section 664.6.
AB 1908 amends section 664.6 of the Code of Civil Procedure.
