TIPS OF THE TRADE: THE DEATH OF FINALITY: HOW REVISED SECTION 664.6 MAY LIMIT CERTAINTY IN TRUST AND ESTATE SETTLEMENTS

Written by Scott E. Rahn, Esq., Mathew M. Wrenshall, Esq., and Phillip J. Szachowicz, Esq.^*

I. SYNOPSIS

A tension exists between streamlining settlement enforcement procedures and ensuring finality in litigated matters. This tension is especially pronounced in trust and estate litigation, where protracted settlement terms are typical and satisfying those terms can take years or even decades. This article explores the evolving history of settlement enforcement procedures in California and considers the unique challenges probate litigators must confront when crafting and enforcing settlements.

Prior to 1981, California attorneys and courts fashioned inconsistent procedures to enforce settlement agreements. In 1981, the California Legislature provided a uniform roadmap for enforcement, codified at Code of Civil Procedure section 664.6 (hereinafter "Section 664.6"). Over the following decades, lawmakers periodically amended the statute in an effort to reduce post-settlement litigation costs and enhance judicial economy. Most recently, through Assembly Bill No. 1756 (2023-2024 Reg. Sess.) (hereinafter "AB 1756"), the Legislature has added practical and cost-minded details to Section 664.6, with the most recent changes being effective as of January 1, 2025.