*164 Opinion
A $40,000 default judgment was entered against defendant Scott Mueller in this action in June of 2006. That judgment became final. Some two years later, Mueller began negotiations with Timothy J. Walton, the judgment creditor, to satisfy the judgment. Although Mueller contends that they reached an agreement to fully satisfy the judgment by Mueller paying Walton $15,000, Walton disputes that such a contract was ever formed. Without actually having paid anything, Mueller filed a motion to enforce the alleged settlement, purportedly under Code of Civil Procedure section 664.6, 1 which, under certain conditions, provides for entry of judgment in conformance with a settlement in pending litigation. The trial court denied the motion, finding that no settlement agreement was ever reached. Regardless of whether an agreement was reached, we conclude that section 664.6 does not apply after a judgment has become final in an ordinary civil action because, at that point, litigation is no longer pending as expressly contemplated by the statute. We accordingly affirm.
STATEMENT OF THE CASE
Walton, a lawyer representing himself, initiated this action by filing his complaint for damages and injunctive relief against defendants other than Mueller on December 28, 2004. It alleged violations of the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) for a first cause of action and a second claim based on “California Restrictions On Unsolicited Commercial E-mail Advertisers” under Business and Professions Code section 17529.5. The factual basis of the claims was that the defendants had allegedly sent Walton numerous unsolicited commercial e-mails containing deceptive and false information and advertisements. The complaint was amended twice, among other things adding Mueller, a Florida resident allegedly doing business as “Acceleratebiz Incorporated,” as an individual defendant. Mueller was alleged in the operative third amended complaint to have sent Walton 40 unsolicited e-mails, for each of which Walton sought, among other things, $1,000 in statutory liquidated damages under Business and Professions Code section 17529.5, subdivision (b)(l)(B)(ii).
Default was entered against Mueller on January 26, 2006. A default judgment against him was entered by the court on August 25, 2006, for $40,000, supported by Walton’s declaration as to having received the 40 unsolicited commercial e-mails from Mueller. 2
*165 Two years later, in August 2008, Mueller’s counsel orally proposed to Walton that he accept $15,000 from Mueller, payable in three installments over 12 months, in full satisfaction of the judgment. This offer was confirmed by Mueller’s counsel by e-mail to Walton on August 28, 2008. Walton countered that offer on September 3, 2008, by orally proposing that Mueller pay him $20,000 in installments over 18 months. Mueller, through counsel, then orally countered the next day with an offer to pay Walton $15,000 in installments over nine months. On October 13, 2008, this offer was communicated to Walton by letter, after Walton requested that the discussions be reduced to writing.
At that point, Walton was simultaneously in the process of executing on the judgment by levy against one of Mueller’s bank accounts, though Walton did not apprise Mueller’s counsel of this. But after the bank account was levied, Mueller told his lawyer, who wrote to Walton on October 16, 2008, demanding that execution efforts cease while they “finalize settlement documentation.” The letter did not mention the terms of any specific settlement. Walton responded by letter dated October 17, 2008, to Mueller’s counsel, stating that he would not cease executing on the judgment, as was his right. The letter also impliedly rejected Mueller’s last settlement offer of $15,000 payable over nine months 3 and said, “Am I to understand that you now seek settlement on no conditions other than payment of money? If so, and you have no other proposed settlement terms that you wish to include, please send a check in the amount proposed [$15,000], and we will cease any further proceedings in regard to execution of the judgment.”
On October 22, 2008, Mueller’s counsel responded by letter to Walton. Among other things, he asserted that a binding contract had been reached in settlement of the judgment on the terms relayed in Mueller’s last offer— $15,000 payable over nine months. But, he continued, “[notwithstanding that agreement, the attorneys working on your behalf have apparently filed an execution lien against Mr. Mueller’s bank account.[ 4 ] In view of that action, Mr. Mueller offers to pay the sum of $15,000 to settle this litigation. Said money to be paid directly to you from the account that is presently subject to the execution lien. Obviously, your enforcement efforts preclude him from writing a check against that account at the present time. [][] The offer stated in this letter is without prejudice and with a full reservation of rights to enforce the earlier binding settlement agreement between you and Mr. Mueller . . . .”
*166 On October 30, 2008, Walton again wrote to Mueller’s counsel. He denied that a settlement had been reached and stated his position that negotiations had not resulted in the formation of any contract. He further requested Mueller’s counsel to reduce any proposed settlement to a complete written draft of an agreement containing all terms and conditions so that he could fully understand and evaluate it.
On October 31, 2008, on Mueller’s application, the court issued an order to show cause why enforcement of the judgment should not be stayed on account of the alleged settlement agreement composed of payment by Mueller to Walton of $15,000 over nine months. But on November 13, 2008, the court denied Mueller’s motion to stay enforcement, specifically finding “that the parties did not reach any settlement agreement.”
On November 24, 2008, Mueller himself wrote to Walton, stating, “In response to your letter of October 17, 2008 . . . , I accept your offer to settle this lawsuit in exchange for a lump sum $15,000 payment. I hereby tender the settlement payment of $15,000.” Enclosed with the letter was a copy of a cashier’s check payable to Walton, but no actual check.
In response, Walton wrote to Mueller’s counsel on December 3, 2008. He stated his position that his October 17th offer to accept a check for $15,000 in full satisfaction of the judgment had been rejected by Mueller’s counsel’s letter of October 22d, which had offered to fully satisfy the judgment by payment of $15,000 directly from Mueller’s bank account that was subject to the execution levy rather than by separate check. This would necessarily have required Walton to release the levy before receiving payment. Walton then offered to “agree to a confidential settlement for $60,000. Once I have the check for $60,000,1 will cease enforcement actions.”
On January 22, 2009, Mueller filed a motion to enforce what he contended was a binding settlement, as evidenced by Walton’s offer of October 17th to accept a check for $15,000 in full satisfaction of the judgment and Mueller’s letter of November 24th enclosing the copy of a cashier’s check. The motion was brought under section 664.6, on the ground that the parties had agreed to the terms of a settlement in writing. Walton opposed the motion, reiterating his contention that no contract had been formed. The court denied the motion from the bench, stating that it did not “believe there was a valid settlement agreement entered into.” 5
*167 DISCUSSION
I. Appealability
There are two issues relating to appealability.
First, is the order appealable? Ordinarily, an order denying a motion to enforce a settlement in pending litigation under section 664.6 is not appeal-able, as judgment has not yet been entered and there are accordingly issues left in the trial court for consideration.
(Doran v. Magan
(1999)
The second issue relating to appealability in this case is whether the appeal is premature as no written order was entered denying the motion. The minute order reflecting that the motion was denied was not included in the record but we obtained it from the superior court and have augmented the record on our own motion to include it. The minute order does not provide for or require that a written order be prepared for entry. It is therefore appealable even though it is not a formal, signed order.
(In re Marriage of Lechowick
(1998)
II. The Trial Court Properly Denied the Section 664.6 Motion
The parties assumed the application of section 664.6 and focused their briefing on whether or not an enforceable contract was formed. But we question the applicability of section 664.6 to the circumstances presented here, even if a binding contract was formed. 7
Section 664.6 makes available “a summary procedure by which a trial court may specifically enforce an agreement settling pending litigation without requiring the filing of a second lawsuit” or a supplemental pleading in the existing case on which a party may move for summary judgment to enforce a settlement.
(Kirby
v.
Southern Cal. Edison Co.
(2000)
The threshold and dispositive issue presented here is whether section 664.6 can be applied to enforce an alleged settlement that occurs after a judgment has already become final in a civil action. At that point, is the litigation “pending” such that section 664.6 may be applied, particularly when the only remedy made available by the statute is entry of judgment pursuant to the settlement? This question involves construction and application of the statute, to which we apply independent review.
(Williams v. Saunders
(1997)
“Our primary task in interpreting a statute is to determine the Legislature’s intent so as to effectuate the purpose of the law. [Citations.] Because the statutory language is the best indicator of legislative intent, we
*169
must begin by examining the words of the statute itself [citation], giving those words their plain meanings [citation]. ‘When statutory language is clear and unambiguous, there is no need for construction, and courts should not indulge in it.’ [Citation.]”
(Kirby, supra,
Previous cases analyzing the applicability of section 664.6 have addressed in other contexts the meaning of the phrase “pending litigation.” In Viejo Bancorp, for example, parties to the action had agreed to a settlement of the case, and the action was dismissed. (Viejo Bancorp, supra, 217 Cal.App.3d at pp. 203-204.) After problems implementing the settlement arose, one of the parties then filed a new action. The party then successfully moved in that action under section 664.6 to enforce the earlier settlement by entry of judgment in the new action pursuant to the settlement of the previously dismissed one. (Viejo Bancorp, at p. 204.) The Court of Appeal reversed, holding that a section 664.6 motion “cannot be made in a separate action to enter judgment pursuant to the terms of a settlement in a prior action.” (Viejo Bancorp, at p. 208.) In so concluding, the court considered the issue one of subject matter jurisdiction. It observed that “[b]y its very terms, section 664.6 is limited to settlements reached in pending litigation” and that the statute “requires an action to be pending when the parties enter into the agreement.” (Id. at p. 206.)
In Kirby, the plaintiff filed a wrongful death action. The defendant asserted in its answer that a settlement had been reached before litigation had even begun. The defendant moved to enforce that settlement under section 664.6 and the trial court granted the motion, dismissing the action. (Kirby, supra, 78 Cal.App.4th at pp. 842-843.) The Court of Appeal reversed, concluding that the summary procedures of section 664.6 do not apply to a settlement agreement made before litigation was actually pending. The court reasoned that the statutory language “refers to settlements by ‘parties to pending litigation’ who ‘stipulate ... for settlement of the case . . .’ ” and that this language is clear and unambiguous in its requirement that parties be litigants who settle while litigation is pending. (78 Cal.App.4th at pp. 844—845.) The court further observed that the statute’s legislative history reinforced its requirement that litigation be pending, as the problem the Legislature had targeted was that of parties to a settlement reached at a pretrial conference changing their minds after the case had been taken off calendar—a problem that does not exist outside the context of pending litigation. (Id. at p. 845.)
In
Housing Group v. United Nat. Ins. Co.
(2001)
These three cases all address the “pending litigation” requirement of the statute by narrowly construing this term on its face, which is a starting point in the construction of the statute. But none of them presents the circumstance in which section 664.6 was invoked after a judgment had already been entered.
In re Marriage of Armato
(2001)
Faced with the question whether the meaning of “pending litigation” as used in section 664.6 applies to postdissolution child support matters, the Court of Appeal first noted as important that the judgment in that case itself provided for continuing jurisdiction to effectuate it and specifically provided
*171
that no separate proceedings would be required in order to do so.
(Armato, supra,
The
Armato
court went on to analyze the meaning of “pending” in the context of family law, observing that in that specific and unique context, as distinct from ordinary civil actions, a dissolution action remains pending after entry of judgment, particularly for purposes of child support modification.
(Armato, supra,
88 Cal.App.4th at pp. 1045-1047; see
Lemer v. Superior Court
(1952)
Based on all of these considerations, the
Armato
court concluded that for purposes of section 664.6, “ ‘litigation’ was ‘pending’ . . . when [the parties] executed the letter agreement modifying child support” such that the statute could be used, even postdissolution judgment, to enforce the agreement.
(Armato, supra,
*172 Notwithstanding Armato, we hold that section 664.6, by its plain and unambiguous terms, does not apply in an ordinary civil action after a judgment—unrelated to the alleged settlement and therefore containing no provision for continuing jurisdiction to enforce it—has been entered and has become final in the sense that the time for appeal has passed. We so conclude because at that point, the litigation is no longer “pending” as used in the statute. To hold otherwise, out of perceived fairness or for efficiency’s sake, even recognizing the established policy of promoting settlement, would do violence to the statutory language. The statute’s sole remedy—entry of judgment pursuant to the terms of an agreed settlement—reinforces our conclusion as in this situation, final judgment in the action has already been entered and the one-final-judgment rule precludes entry of a second judgment. 9 Section 1049—defining when an action is pending and limiting that state to the point at which the time for appeal from the judgment has passed—further supports our conclusion. And although Armato was also decided in a postjudgment context and held that section 664.6 could be used to enforce an agreement concerning modification of child support, that holding was unique to the family law context (Housing Group, supra, 90 Cal.App.4th at pp. 1112-1113) and, as we read it, to the specific context of child support modifications. Moreover, the distinctions the Armato court made between ordinary civil actions, like the one here, and postdissolution child-support-modification proceedings for purposes of when an action is “pending” make the result in that case not inconsistent with our holding.
In supplemental briefing, Mueller likens this case to one in which a partial dismissal had been filed before the section 664.6 motion, such that part of the action remained pending before the court, which was thus held to be not lacking subject matter jurisdiction to enforce a settlement under section 664.6. (See
Casa de Valley View Owner’s Assn. v. Stevenson
(1985)
Basinger v. Rogers & Wells
(1990)
Mueller also attempts to analogize application of section 664.6 to case law concerning a trial court’s retention of in personam jurisdiction over a defendant to enforce an existing judgment (see, e.g.,
Goldman v. Simpson
(2008)
Indeed, statutory authority concerning the satisfaction of judgments only confirms that a judgment debtor, like Mueller, who wishes to enforce an alleged agreement to satisfy a judgment, whether for full payment or something less than that, is not without a remedy. But it is not section 664.6. Section 724.050, subdivision (d), specifically provides a noticed motion procedure to compel a judgment creditor to furnish an acknowledgement of satisfaction of judgment through which a trial court may determine whether an agreement for full satisfaction has been reached. The statutory scheme for satisfaction of judgment (§ 724.010 et seq.), which includes this section, has been characterized as providing “only a single method for a judgment debtor to obtain an order for entry of satisfaction of judgment (other than in the case of a writ of execution) in those cases in which the judgment creditor refuses or fails to file or deliver a signed acknowledgment of satisfaction. . . . There is no other procedure [than section 724.050] authorizing a noticed motion for entry of satisfaction of judgment.”
(Quintana
v.
Gibson
(2003)
Thus, section 664.6 was not an authorized or available procedure for Mueller to use to enforce the alleged settlement. After entry and finality of the judgment, the action no longer constituted “pending litigation” as used in the statute. Moreover, the judgment already having been entered and become final, section 664.6, with its sole remedy of entry of judgment pursuant to the settlement, was not available to enforce the alleged settlement by entry of a second judgment. That would have violated the one-final-judgment rule. The trial court therefore properly denied Mueller’s motion, albeit for a different reason—the lack of a binding contract. 10
*175 DISPOSITION
The order denying Mueller’s section 664.6 motion is affirmed.
Rushing, P. J., and Elia, J., concurred.
Notes
Further statutory references are to the Code of Civil Procedure unless otherwise specified.
The judgment also included injunctive relief not pertinent here.
Walton later asserted in a declaration that he had also expressly rejected this offer and we assume this asserted rejection was oral.
Walton apparently engaged counsel to assist in judgment-enforcement efforts.
According to the superior court’s docket, no signed written order denying the motion was ever entered.
This is not to say that we sanction departing from the general rule that ordinarily, a motion denying a section 664.6 motion is not appealable.
We therefore requested and received supplemental briefing on the point.
The statute also provides that “[i]f requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (§ 664.6.) This provision is not pertinent to our analysis in this case because the existing judgment, which was not entered pursuant to a settlement, provided no such thing.
Section 904.1, which codifies the general list of appealable judgments and orders, also effectively codifies the common law one-final-judgment rule. Under this rule, an appeal lies only from a final judgment that terminates the trial court proceedings by completely disposing of tiie matter in controversy.
(Sullivan v. Delta Air Lines, Inc.
(1997)
Having reached this conclusion, we need not address whether the trial court was correct in its determination that the parties had not reached a settlement agreement.