Park v. Cytodyne Technologies
Pending resolution of this appeal, the parties settled the action and filed a Joint Application For Order Transferring Jurisdiction Over Matter to Trial Court to Vacate Judgment. By letter to this Court dated December 20, 2006, the parties clarified their requested disposition of the appeal: "The intent of the parties is to return the matter to a pre judgment status and then dismiss the underlying action with prejudice. Furthermore, as part of the settlement, the parties have agreed to bear their own costs on appeal." By letter to this Court dated January 4, 2007, the parties informed the Court that " all conditions precedent to vacating the judgment have been satisfied."
Code of Civil Procedure section 128, subdivision (a)(8) provides, in part: " An appellate court shall not reverse or vacate a duly entered judgment upon an agreement or stipulation of the parties unless the court finds both of the following:
" (A) There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal.
" B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement."
This Court finds the conditions for a stipulated reversal have been satisfied and we therefore reverse the judgment and remand the matter to the trial court with directions to dismiss the action with prejudice.
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