Wackeen v. Malis

In Wackeen v. Malis (2002) 97 Cal.App.4th 429, a lawsuit was dismissed after the parties reached a settlement. (Id. at p. 434.) One of the defendants alleged the plaintiff did not live up to the settlement. (Id. at pp. 434-435.) The appellate court reversed relief provided to the defendant by the trial court. The trial court lost jurisdiction over the matter because it had been dismissed and because the parties had not made an adequate request for retention of jurisdiction under section 664.6. (Wackeen, at pp. 437-442.) By authorizing the court to retain jurisdiction upon request of the parties, section 664.6 addresses the problem of trial courts losing jurisdiction over settled matters once a dismissal is filed. (Wackeen, at p. 439.)