Rodriguez v. Packard
This case presents a tortured saga of the parties attempts to settle plaintiffs employment discrimination and wrongful termination lawsuit filed in 1999. On several occasions throughout the litigation, the parties settled the case and then disputed the terms of the agreement, which have evolved over the course of these events. As much as we would like to end this saga, court conclude that under the circumstances presented here, neither of the two orders from which plaintiff has appealed is appealable. The first order was from the trial courts denial of plaintiffs second motion to enforce the settlement under Code of Civil Procedure section 664.6 a clearly nonappealable order. The second order under appeal was from the trial courts grant of defendants second motion under the same section. While orders enforcing a settlement under section 664.6 are often treated as or converted to final judgments, in this particular case, the order called for further judicial action. Whats more, it did not finally adjudicate the rights of the parties for judgment purposes by ending the litigation. Accordingly, court dismiss the appeal.
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