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I need help filling out a Request for Dismissal Form.

I filed a complaint in...
I filed a complaint in Nov. I settled with their insurance co. and am satisfied. I want to cancel the court date of March 26th. (I never served them, as I knew AAA was going to settle with me) I'm not sure which box(es) to check under item #1a TO THE CLERK: Please dismiss the action as follows: a)With prejudice b)Without prejudice. Also item #1b choices are: 1)complaint 2) petition 3) & 4) cross-complaint filed by #5) entire action of all parties and all causes of action #6) other

I am done with this case & will not be re-opening it. Also, just a note:
I filed on 11/26/08 & on the advice of an attorney I re-filed on 12/01/08 in order to add the defendant's son as another defendant. It is the same case number. Do I need to do anything else?

Thank you so very much.
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Answered in 3 minutes by:
3/10/2009
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
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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:

 

  1. I think I understand the situation, but could you please confirm -- are you referring to this form?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

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Customer reply replied 8 years ago

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,

Elaine

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.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry.
  2. Given that you are satisfied with the settlement, here is the appropriate way to proceed. #1a -- select "a) With prejudice"; #1b -- select "#5) entire action of all parties and all causes of action". This means that the entire suit -- all issues and all parties -- goes away for good, without reserving the right to refile.
  3. All you should require are two forms -- the motion (request for dismissal) you already have plus an order (entry of dismissal) officially showing the action and status of the matter as dismissed. For your reference (if you do not already have them handy), here are both forms in non-fillable and fillable pdf formats.


CIV-110*CIV-110*1/1/2007Request for Dismissal

CIV-120*CIV-120*1/1/2007Notice of Entry of Dismissal and Proof of Service

 

 

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Customer reply replied 8 years ago

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!

Elaine

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®.

 

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Customer reply replied 8 years ago

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.

 

Sincerely,

Elaine

Hello again,

 

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.

 

Take care and thanks again for using JustAnswer®.

 

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Customer reply replied 8 years ago

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?

Thanks againWinktitle="Wink" width="18" height="18"/>,

Elaine

Hello again,

 

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.

 

Take care and thanks again for using JustAnswer®.

 

LawHelpNow
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Customer reply replied 8 years ago

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......

 

Blessings,

Elaine

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