ADSOFT

Case Dismissal vs Judgement for the Defendent.

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It just came to my attention that the court has a Local rule that they can dismiss a collection case at any time 90days after the defendent answers.

Some of you that have been following my case remember that I was at a case mang. hearing and I told the judge I sent plaintiff a BOP and the plaintiff responded with a printout and said my request for a contract and itemized bill was out of scope. Judge asked if I had filed that, I think she wanted to dismiss.

After wining my other case I got a Judgement for the Defendent,which entitles me to get stuff off my credit report and have my costs to defend myself returned.

I have incurred more cost in my present lawsuit, which the judge I think wanted to dismiss, and I think the Judge is tired of me sitting in her court room everyday being nosey and talking to litigants after thier trials and hearings(she probobly feels like she is running The People's Court),. lol. ....One of the benefits of having an antogonist personility ( special thanks to Mr. Evil, for enlightening me.)

If I get the judge to dismiss my case. Can the plaintiff reopen it with out having to refile. I want win the case becuase it will fall to within SOL. Also will I be able to get reembursed for my costs. And ask for stuff taken off my CR?

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In California, if the Court dismisses a lawsuit, plaintiff has to file a new complaint.

If I do get the case dismissed I can't force them or thier whoever is colleccting for the JDB (usuallly a CA) can I for them to get off my credit report.

And how about case expenses can I get back?

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If I do get the case dismissed I can't force them or thier whoever is colleccting for the JDB (usuallly a CA) can I for them to get off my credit report.

Huh?

And how about case expenses can I get back?

If you have a dismissal entered in your favor, you are the "prevailing party" under California law (CCP 1032) and you are entitled to reimbursement of "costs". The costs you may recover are set forth in CCP section 1033.5 :

http://www.leginfo.ca.gov/cgi-bin/di...file=1021-1038

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Huh?

If you have a dismissal entered in your favor, you are the "prevailing party" under California law (CCP 1032) and you are entitled to reimbursement of "costs". The costs you may recover are set forth in CCP section 1033.5 :

http://www.leginfo.ca.gov/cgi-bin/di...file=1021-1038

Thanks Calawyer:

What I ment to say was

If I do get the case dismissed, can I force debt collectors (whom ever they may be, the JDB itself, or a CA acting on behalf of the JDB) to stop reporting that account to my Credit report(s). In others words, be able to keep all future debt collects (other than the OC, it self, in California OCs are debt collectors in accordance with the Rosenthal act) from reporting THAT account to my credit report?

...sorry it's hard to word that specifically, if I'm still not clear I will be happy to rephrase it.

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