This document is an opposition to a motion to enforce a settlement agreement. It argues that the settlement agreement should not be enforced for three reasons: (1) the parties did not agree to all material terms; (2) the agreement was not signed by all parties or made orally in court as required by law; and (3) the moving party's dismissal of the lawsuit deprived the court of jurisdiction. It includes a memorandum of points and authorities and a declaration with exhibits to support these arguments against enforcing the agreement.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.
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Case No.
OPPOSITION TO MOTION TO ENFORCE
SETTLEMENT AGREEMENT;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF __________,
EXHIBITS
DATE:
TIME:
DEPT:
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OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT

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Be sure to remove this notice and all other notices before using
this document.
1 _____________________________________ herein submits their Opposition to the motion
to enforce settlement agreement filed by ______________ on the grounds that (1) the settlement
agreement is not valid as the parties did not agree to all the material terms; (2) the settlement
agreement was not signed by all the parties nor was it made orally before the court, thus the
settlement agreement does not comply with Code of Civil Procedure section 664.6, and 3) the
dismissal with prejudice of the lawsuit by the moving party on ______ has deprived this Court of
subject matter jurisdiction.
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
Authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
records of this action, and on such other oral and/or documentary evidence as may be presented at the
hearing on the Motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that YOUR OPPOSITION
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT
DAYS BEFORE THE HEARING. Court days means Monday through
Friday, except for Court holidays. You should serve your opposition by
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OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT

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personal delivery or overnight mail. See Code of Civil Procedure
Section 1005 for more details.
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OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from LIST CAUSES OFACTION OF COMPLAINT. Plaintiff filed suit
against Defendant____________ on or about __________. See Plaintiff’s Complaint on file with the
Court.
__________ filed their motion to enforce settlement agreement contending that the settlement
agreement should be enforced pursuant to Code of Civil Procedure § 664.6.
__________ opposes the motion and contends that the motion should be denied on the
grounds that (1) the settlement agreement is not valid as the parties did not agree to all the material
terms; (2) the settlement agreement was not signed by all the parties nor was it made orally before the
court, thus the settlement agreement does not comply with Code of Civil Procedure section 664, and
3) the dismissal with prejudice of the lawsuit by the moving party on ______has deprived this Court
of subject matter jurisdiction.
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OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT