Legal Question in Wills and Trusts in California

Since it appears that you already have a Court proceeding pending, you need to file a motion to enforce the settlement. If you and your sister were represented by counsel in your fight your counsel should be able to do this very eaisly. If you don't have a lawyer, you might want to consider getting one to assist you with this.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

I agree with Mr. Reich, although I note that you claim it is already a court order. You may want a lawyer to review it, to determine whether a motion is required. A settlement agreement can be enforced as a judgment pursuant to Code of Civil Procedure section 664.6. It is important to understand that the court must enter a judgment that contains all of the material terms, and not an order enforcing some of the terms.

If the judgment requires specific action from your sister, you can then file an affidavit of contempt, and have the court issue an order to show cause. You do not need to file a separate new lawsuit for either of these procedures.