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Summary enforcement procedures require court retention of jurisdiction

In order to invoke the summary procedures under California Code of Civil Procedure Section 664.6, at least one party must request of the trial court that it retain subject matter jurisdiction before dismissing the case.  Merely stipulating in the agreement that 664.6 remedies apply is insufficient.

Satya v. Chiu dealt with a series of disputes over an apartment in San Francisco.  Over the course of time, several rent board petitions ensued.  Finally, a case was filed.  Eventually, an agreement to dismiss was reached.  That agreement stipulated confidentially, $15,000 liquidated damages, and 664.6 summary procedures for breach.  However, no request was made to the court that the court retain subject jurisdiction.

Definition of Lawyer and Pound Coins.

Chu provided the agreement to the Rent Board.  Satya claimed that was a breach, and requested a remedy.  That remedy was denied by the Court of Appeals, based on the trial court’s lack of subject matter jurisdiction.

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Source: http://www.courts.ca.gov/opinions-slip.htm

Return to:  http://www.lawinformation.info

 

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