Legal Question in Civil Litigation in California

I have a suggestion that you might try. You and the other party could sign a written settlement agreement. The agreement can indicate that the case will be dismissed, but the court will retain jurisdiction to enforce the terms of the settlement agreement. This type of provision is discussed in California Code of Civil Procedure �664.6.

Then, you can simply dismiss the case, without needing to get a judgment. If the defendant does not live up to the settlement, you can go to court and make a motion to have a judgment entered, pursuant to the terms of the settlement agreement.

There are other ways to accomplish what you want, but you might try the 664.6 alternative. It tends to be the shortest and easiest way to finish a case. Also, it would be worthwhile to have an attorney draft the settlement agreement, so that it is clear and binding.

Good luck.

What Mr. Saltzman suggests is a typical way to handle your situation. You can point out to the defendant that his credit will not be damaged as long as he makes the agreed to payments.

If the defendant is willing to give you a stipulated judgment NEVER just take a settlement agreement. As anyone who has ever tried actually to USE the 664.6 process will tell you, it is nowhere near as simple and guaranteed as it would seem. The defendant who does not comply with the settlement agreement NEVER just goes down quietly. They always argue that there is some excuse under the settlement agreement or some infirmity of the settlement agreement and that judgment should not be entered on it. Most defense attorneys know that the judgment will show on their client's credit and otherwise be a black mark - so they insist on a settlement agreement with a 664.6 provision, and all plaintiffs attorneys know that if you have a settlement, you take it. But if the defendant will give you a judgement DO NOT take a just settlement agreement instead.

Turning to your actual question: there is no form to stipulate to entry of a judgment. There is a standard judgment form you should use, and it has a box to check when the judgment is by stipulation, but there is no form stipulation. All you have to do, however, is type up a simple statement on pleading paper with the caption for your case and both sign it. All it has to say is that the parties stipulate to entry of the judgment in favor of you and against them (using full names) in the form attached as Exhibit A. Then attach a copy of the judgment you have prepared. You submit that with the original of the judgment, with copies of both documents so the court can send you back a final filed copy. If your court has a civil self-help center, you should have them check over your documents before you submit them.