Rodriguez v. Hewlett Packard
This employment action was filed 10 years agoin October 1999. In around 2002, the parties engaged in formal settlement efforts, as a result of which they entered into what defendants perceived to be a binding settlement agreement that plaintiff Mars Rodriguez refused to sign. Defendants then made numerous efforts over the next five years to enter a judgment in conformance with the settlement agreement under Code of Civil Procedure section 664.6.
In August 2007, on defendants ex parte application, the court directed the clerk, on Rodriguezs behalf, to sign the settlement agreement, which had been modified over the years with the courts input to address some of Rodriguezs stated concerns about its content. Immediately after the agreement was so executed, Rodriguez exercised her right to revoke it according to its terms under a revocation provision inserted under the federal Age Discrimination Claims Assistance Amendments of 1990 (29 U.S.C. 626 (f)(1) & (2)). This left the matter at large, nearly eight years after its filing. Defendants moved to dismiss the action under the mandatory and, alternatively discretionary, provisions for delay in prosecution. ( 583.310 & 583.410.) The trial court granted the discretionary motion to dismiss under section 583.410 and Rodriguez appeals. Finding no abuse of discretion, Court affirm.
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