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Wackeen v. Malis 97 Cal.App.4th 429, 118 Cal.Rptr.2d 502

Practice Area: Appeals

Outcome: Appellant prevailed because the trial court did not have subject matter jurisdiction to consider the merits.

Description: Defendants in a civil action brought motions under Code Civ. Proc., § 664.6 (entry of judgment pursuant to terms of stipulation for settlement), to enforce indemnification and attorney fees provisions contained in the parties' written settlement agreement. The trial court found that defendants were entitled to recover specified attorney fees. However, the Court of Appeal found that the Trial Court did not have subject matter jurisdiction to hear the matter.

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