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How we object to Plaintiffs request to dismiss without prejudice


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I wrote a post below, but I didnt title it well. I appologize if you are seeing this twice.

Does anyone have a template I can use to object to the plaintiffs request to the court to dismiss without prejudice. They obviously know its a lost cause, so now I want to make sure they cant refile it ever. How do we a) Object to their request to dismiss without prejudice, and B) Put in our own request now to dismiss with prejudice?

I would assume its a basic pleading, but since I am not a lawyer/paralegal, I have no idea how to draw these up.

Thanks as always. You guys are the best.

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I wrote a post below, but I didnt title it well. I appologize if you are seeing this twice.

Does anyone have a template I can use to object to the plaintiffs request to the court to dismiss without prejudice. They obviously know its a lost cause, so now I want to make sure they cant refile it ever. How do we a) Object to their request to dismiss without prejudice, and B) Put in our own request now to dismiss with prejudice?

I would assume its a basic pleading, but since I am not a lawyer/paralegal, I have no idea how to draw these up.

Thanks as always. You guys are the best.

Plaintiff may dismiss without prejudice any time before trial actually begins. CCP 581 ©: CA Codes (ccp:577-582.5)

So, there is really nothing you can do to object. Or, more accurately, there is nothing the court can do to force the plaintiff to dismiss with prejudice.

But really, you should be happy. You won. Plaintiffs rarely file again after the case has been dismissed. And you are the prevailing party who is now entitled to your costs. At the very least, that means a couple hundred bucks for the filing of your answer. Depending on the amount of the debt, that might very well be more than a JDB paid for the debt to begin with. A very good day for you and a very bad day for plaintiff.

Nice going.

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Thank you very much. Your advice has been extremely helpful. I don't know if you saw my other post, but I kind of skirted the norm. They filed some sort of motion to essentially weasel out of having their person appearing in court after I subpoena'd them. I didn't really know what to do, so I personally wrote a letter to the judge that basically stated I intended to appear in court, and reputed everything their motion claimed. I mailed it off, and faxed the lawyers a copy. And they caved. The funny thing is, my wife received a copy of their "evidence" today. It was sent in regular mail on Monday. She also received this request for dismissal which they overnighted yesterday. My guess is, they thought they were still ahead, and then a secretary dropped the fax off on their desk.

Anyways, clearly we did good. I appreciate the help. I wish we could have gotten it dismissed with prejudice, but I'll take it as a win anyways.

And all joking aside, the lawyers name was Michael S. Hunt. AKA Mike Hunt. He must of had it bad in high school.

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Thank you very much. Your advice has been extremely helpful. I don't know if you saw my other post, but I kind of skirted the norm. They filed some sort of motion to essentially weasel out of having their person appearing in court after I subpoena'd them. I didn't really know what to do, so I personally wrote a letter to the judge that basically stated I intended to appear in court, and reputed everything their motion claimed. I mailed it off, and faxed the lawyers a copy. And they caved. The funny thing is, my wife received a copy of their "evidence" today. It was sent in regular mail on Monday. She also received this request for dismissal which they overnighted yesterday. My guess is, they thought they were still ahead, and then a secretary dropped the fax off on their desk.

Anyways, clearly we did good. I appreciate the help. I wish we could have gotten it dismissed with prejudice, but I'll take it as a win anyways.

And all joking aside, the lawyers name was Michael S. Hunt. AKA Mike Hunt. He must of had it bad in high school.

Now all you can do is get pissed for 2 days and then file a Memorandum of costs.

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Thank you very much. Your advice has been extremely helpful. I don't know if you saw my other post, but I kind of skirted the norm. They filed some sort of motion to essentially weasel out of having their person appearing in court after I subpoena'd them. I didn't really know what to do, so I personally wrote a letter to the judge that basically stated I intended to appear in court, and reputed everything their motion claimed. I mailed it off, and faxed the lawyers a copy. And they caved. The funny thing is, my wife received a copy of their "evidence" today. It was sent in regular mail on Monday. She also received this request for dismissal which they overnighted yesterday. My guess is, they thought they were still ahead, and then a secretary dropped the fax off on their desk.

Anyways, clearly we did good. I appreciate the help. I wish we could have gotten it dismissed with prejudice, but I'll take it as a win anyways.

And all joking aside, the lawyers name was Michael S. Hunt. AKA Mike Hunt. He must of had it bad in high school.

THere is no way to get out of bringing a witness who has been served with a subpoena to appear. These witnesses are really nothing more than professional testifiers. THey wait and see if anyones subpoenas them and then decide what to do. Maybe yours had two cases in another state. Or maybe she quit. Either way, they are out of luck.

Here is how you claim costs: http://www.courts.ca.gov/documents/mc010.pdf

Agan, nice going.

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