Kracksmith v. Hernandez
While the jury was deliberating, the trial court entered into the record an oral settlement agreement. As part of the oral settlement, “all parties†agreed to dismiss all actions pending before the court with prejudice. Following dismissal, plaintiff and appellant Kracksmith, Inc., doing business as American Business Fund (Kracksmith), filed a motion for new trial and to set aside the settlement agreement pursuant to Code of Civil Procedure section 473, subdivision (b) (section 473(b))[1] on the ground that Boschal Lee (Lee), the only plaintiff to assent to the settlement agreement, did not have settlement authority to dismiss Kracksmith’s complaint. Kracksmith appeals from the order denying the motion. We conclude the trial court lacked jurisdiction to hear the motion for new trial and did not abuse its discretion in denying section 473(b) relief. Accordingly, we affirm.
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