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I filed a Wrongful Foreclosure Lawsuit in the fall of last…

Good Afternoon. I filed a...
Good Afternoon. I filed a Wrongful Foreclosure Lawsuit in the fall of last year. I would like to cancel and withdraw the suit without prejudice. I was represented by an attorney up to early Dec 2017 but needed to terminate the representation since my attorney was overloaded with 75+ cases and mine was not getting the attention it needed. I also do not concur with the initial pleading filed by my attorney. The next hearing date is in mid February. My suit is a Civil case filed in CA Superior Court. My attorney and I agreed to terminated services back on Dec 1. I do not know yet if my attorney filed with the court that they are no longer representing me. I will check with court records on that tomorrow. There was not a lot of action on my suit by the defendant.What are the steps to cancel the lawsuit and withdraw it from court so I can come back in the future if I decide to file another lawsuit?Thank you.
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Answered in 16 hours by:
1/22/2018
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,580
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Good morning. usually, if the plaintiff wishes to dismiss the suit, without prejudice, it requires a simple motion setting that out, and an order for the court to sign. If you tell your lawyer you wish to dismiss now, I'm reasonably sure that s/he would prepare the motion and order for you,or at least provide you with sample forms to use. Your major concern is to be sure that the order dismissing the case says that it is being dismissed. "without prejudice".

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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,580
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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