De La Secura, Inc. v. Salem Lutheran Church of Orange, California
Plaintiff De La Secura, Inc. (DLS) appeals from the trial courts order under Code of Civil Procedure section 664.6,[1]enforcing a settlement reached before the court between DLS and defendant Salem Lutheran Church of Orange, California (Salem). The parties reached their agreement after the trial court granted Salems in limine motion excluding evidence DLS relied on to support its claims. Under the settlement, the parties agreed to dismiss with prejudice their respective claims against each other, with Salem being designated as prevailing party for attorney fee purposes. DLS contends the settlement constituted a stipulated judgment for challenging on appeal the trial courts ruling on Salems motion in limine, which DLS contends precluded it from presenting its case at trial. Court conclude the settlement between DLS and Salem was not a stipulated judgment entered into merely for the purpose of facilitating DLSs appeal of the trial courts in limine ruling, but represented the agreement of the parties to end the litigation between them. Because DLS may not appeal the trial court in limine ruling following a voluntary settlement, Court grant Salems motion to dismiss the appeal.
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