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Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:
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Hello Mr. Burt,
Yes, that is the correct form that I was told to use by the County Clerk.
Let me know if you have any other questions.
Thank you again,
Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
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Dear Mr. Burt Jr.,
Thank you for your help so far! I am a bit confused by the Notice of Entry of Dismissal and Proof of Service form. Does it have to be mailed from my county (Santa Cruz, where the court is, and where I live) or does it have to be mailed from the County where the defendants live? Can anyone send it, ( i.e. a relative) as long as they're not involved in the suit?
Thank you, XXXXX XXXXX again!
Hello again and thanks for writing back. I will be glad to comment further.
I can certainly understand your confusion here. The forms are drafted to be in compliance with the California Rules of Court, which contain some odd provisions in this regard. As far as the county of mailing, your county is just fine -- your local post office you would usually use. And yes, the person who fills out the proof of service can be essentially anyone over 18 years of age and not a party to the suit. You could use a friend, for instance -- no requirement to be a "certified" process server or anything like that.
I hope this is of some more help and that everything gets resolved appropriately here.
Take care and thanks again for using JustAnswer®.
Dear Mr. Burt, Jr.,
Thanks for your latest explanation! I'm sorry to keep bugging you, but I just want to make sure that I am doing this right, and am having some doubts. Regarding the Request for Dismissal Form: I assume that I don't have to check Item #2 (Consent to the above dismissal is hereby given:) as it appears that it's only if there is a cross-complainant (whatever that is). Is this correct? Regarding both forms: I assume that I am to check Motor Vehicle (I was hit by a car, taken by ambulance to hospital and had medical problems) or should I also check Personal Injury?
Do I file the Request for Dismissal w/ county clerk FIRST, then file the Proof of Service SECOND? The lady at the County Clerksk office was not helpful at all, and would not tell me.
Thank you again, and I think these are my final questions. You have been sooo helpful--I am telling everyone I know about your service.
Please...no need to apologize whatsoever. This can all be rather confusing, and I want you to be satisfied.
You are right about not having to check item number two -- that would just need to be checked if another party had been brought into the suit or if the defendant counter-sued. That does not appear to be the case here.
Yes, you are correct about the order of filing. You first file the request for dismissal -- once that has been granted -- then you file the notice of entry of dismissal. California is a bit unusual in this regard in that certain actions can actually be dismissed by a clerk (rather than a judge).
I hope this is of some more help, but please do not feel bad if you have further questions. That is why I am here. I might be turning in fairly soon, but I will be sure to check back when I am online again in case you need anything else.
Okay, one more question now! Regarding item #2, you said I don't need to check it if another party had been brought into the suit. BUT, I did amend the complaint a few days later by adding the defendant's son (he was a minor, I think, and I didn't name him the first time, only his parents) --- Does that count as a cross-complaint?
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Nope -- you are just fine here. Adding the son to the suit will be covered by checking "#5) entire action of all parties and all causes of action". As long as they did not counter-sue you in another cause of action, this will be just fine. Sorry for not being more clear about that.
Okay, great! I am really grateful for your help and your patience. I consider myself intelligent, but when it comes to the legal world, I have no experience and no training, and I am completely lost! I wish I would have known about you before!
Have a great evening, and I will be soooo glad to be done with this case!! I will click the Accept button with much gratitude. I'm sorry I can't pay you more, I have no income right now......
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