California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 11 — Attaching Plaintiff’s Miscellaneous Remedies, Article 3 — Lien in Pending Action or Proceeding, Section 491.440

(a) Except as provided in subdivision (c) of Section 491.410, unless the lien is released, the judgment recovered in the action or special proceeding in favor of the defendant may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of the pending action or special proceeding or the judgment procured therein may be entered into by or on behalf of the defendant, without the written consent of the plaintiff or authorization by order of the court obtained under subdivision (b).

(b) Upon application by the defendant, the court in which the action or special proceeding subject to the lien under this article is pending or the judgment procured therein is entered may, in its discretion, after a hearing, make an order described in subdivision (a) that may include such terms and conditions as the court deems necessary. The application for an order under this subdivision shall be made on noticed motion. The notice of motion shall be served on the plaintiff.

Notes

Prohibits a defendant, unless the lien is released or the stated exception applies, from enforcing a favorable judgment or entering a compromise, dismissal, settlement, or satisfaction without the plaintiff’s written consent or a court order. The defendant may seek authorization by noticed motion served on the plaintiff, after which the court may impose necessary terms and conditions.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 491.440 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-11/article-3/section-491-440

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