Invalid Stipulation Signatures Issue

Summary

In California, a stipulation must have proper signatures to be enforceable. If signatures are missing, filing a formal motion is often required to address the issue. Courts rely on formal procedures to ensure due process, even if the defect seems clear. If the 30-day period for filing a motion has passed, consider seeking legal advice for potential exceptions or alternative solutions.

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i filed a notice of defective stipulation and i havent heard any response its for an unlawful detainer and the stipulation was drafted by the plaintiff however it was not signed by their attorney and or the plaintiff. it was signed by a witness that is not listed on the court documents and has no legal authority to sign it. in order for it to be enforcable doesnt it have to contain the right signatures
Hey Grant! Yes, for a stipulation to be enforceable, it must be signed by the parties involved or their legal representatives. The lack of proper signatures can make the stipulation invalid. Have you tried contacting the court or the plaintiff's attorney for a follow-up?
no because i dont know who to contact at the court and as far as the plaintiff i dont want to tell them something they can correct. cause i would rather just inform the courts that this is not enforceable. btw im in califoirnia
Hey Grant, you can inform the court about the signature issue directly. It might be useful to contact the clerk's office for guidance on how to proceed. Have you checked the court’s website for contact information or any specific instructions on filing such notices?
no i couldnt find any info about how to inform them so i figured filing a judicial notice was adequate. but they dont answer me and i tried asking the court clerk via online question but they just replied that "Timothy Ly Yesterday *:* AM Pursuant to Minute Order, dated */*/*, terms of the settlement were recited in open court by the Presiding Judge, where each party indicated on the record that they understand and agree to the terms stated. You may file an appropriate motion to have the stipulation reviewed." but This is not a matter requiring interpretation through motion practice - it is a straightforward statutory violation apparent on the face of the document itself. The California Supreme Court has established that these signature requirements are mandatory and cannot be waived, even when terms are agreed to in open court (Levy v. Superior Court (*) * Cal.4th *).
Hey Grant, you might need to file a motion to have the stipulation reviewed despite it being a straightforward statutory violation. This process will ensure the court formally addresses the defect. Consider researching how to file a "Motion to Enforce Settlement Agreement" or consult a lawyer for tailored advice.
Is there anything else you need help with?
but i dont want it enforced. you understand?
Hey Grant, I understand that you don't want the stipulation enforced. Given the situation, you might want to file a motion to invalidate the stipulation based on the improper signatures. This would ensure the court addresses the issue formally.
Would you like more information on how to file such a motion?
well i filed the notice of defective stipulation isnt that enough?
Hey Grant, filing the notice of defective stipulation is a good step, but it seems the court is asking for a formal motion to address the issue. You might need to file a "Motion to Invalidate Stipulation" based on the improper signatures for the court to take action.
Would you like more information on how to file this motion?
yea but i cant do that anymore its been over 30 days
Hey Grant, in California, you typically have 30 days to file motions related to judgments or orders. However, you might still have options. Consider researching if there are exceptions or seeking legal advice on filing a motion for relief from the *-day rule based on good cause.
Would you like guidance on finding a lawyer or more detailed information on potential exceptions?
no i want to know how they can go through with a stipulation order if they know its not valid?
Hey Grant, in California, a stipulation order that lacks the proper signatures might be invalid, but if the court accepted it, they might believe it was valid based on the terms agreed upon in open court. You might need to present evidence and argue the invalidity in court to challenge this.
Would you like more information on how to present this evidence or argue your case?
but i did that and they acknowledge that they got my filing
Hey Grant, it sounds like you're in a tough spot. If the court acknowledged your filing but hasn't acted on it, you might need to request a hearing to present your arguments in person. This can emphasize the importance and urgency of your issue. Would you like more details on requesting a hearing?
no i want to just understand why is it so hard for me to point out to them a signature issue?
Hey Grant, I get your frustration. Courts often require formal procedures to address legal issues, even if they seem straightforward. Filing a motion ensures the issue is formally on record and considered by the judge. Unfortunately, informal filings like notices might not trigger the same level of review. Would you like more information on how to file a motion despite the time lapse?
no cause they wont except it isnt a judicial notice valid for anything?
Hey Grant, a judicial notice can be valid, but it doesn't always require the court to act. Formal motions are often necessary to trigger judicial review and action. Courts adhere to procedural rules to ensure fairness and thoroughness. Would you like guidance on any other legal matters?
what if i file Request for Court's Response to Notice of Defective Stipulation
Hey Grant, you can file a "Request for Court's Response to Notice of Defective Stipulation" to prompt the court to address the issue formally. This may increase the likelihood of getting a response. Would you like more details on how to draft this request?
The California Supreme Court has established that compliance with CCP § *.* signature requirements is mandatory and cannot be waived, even when terms are recited in open court (Levy v. Superior Court (*) * Cal.4th *). A stipulation lacking the required signatures is void on its face and cannot be enforced, regardless of any verbal agreements made during the proceedings. This is not a matter of interpretation—it is a clear procedural defect apparent on the face of the document itself
Hey Grant, you are correct about the strict compliance with CCP § *.*. However, courts often require formal motions to ensure due process. Filing a "Request for Court's Response to Notice of Defective Stipulation" could be a good step. Would you like more detailed guidance on how to draft this request?
where does it say that the courts require formal motions?
Hey Grant, courts often require formal motions to ensure all parties have an opportunity to be heard and to maintain orderly procedure. This practice is not always explicitly stated in a single document but is part of procedural rules and case law precedents. Would you like guidance on drafting a formal motion?
no because its too late to file a motoin
Hey Grant, since filing a motion is no longer an option, you might consider seeking legal advice for alternative solutions. Sometimes, exceptions can be made under certain conditions. Would you like information on finding a legal aid service or attorney who can assist you further?
no i just want to know how this can be overlooked when its on court record and why is it my burden to do more than just notify them
Hey Grant, it’s frustrating when procedural issues complicate things. Courts rely on formal motions to ensure due process and fairness, even with clear defects. This way, both parties can formally present their arguments. Simply notifying them isn't enough because it doesn’t guarantee a review. Would you like any help with another legal issue?