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Court Day next tuesday.


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So my court day is for next Tuesday, March 19, and yesterday I received a letter from H&H that they are filing to Dismiss without Prejudice. What should I do to get it dismissed with Prejudice.

 

After nearly 2 years, its almost over, I hope. Thank you All.

 

LR

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I don't think there is anything you can do, at this point it is up to them how they dismiss. I could be wrong (if so, someone will definitely correct me), but unless you have some form of leverage, and call the lawyer and ask that it be with prejudice, I think you will just have to accept that any dismissal is a victory. I doubt they will file again, and sooner or later the SOL will run out.

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After all this time it might be a good idea to show up at court. More than likely it's not a ploy and the opposing attorney will not be there.You just never know also you might ask the judge for dismissal with prejudice but will have to have a good reason. Bring you order for dismissal with you for the judge to sign. You can then submit your cost bill. 

 

Take the dismissal and go celebrate.

 

Congratulations!!!!

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You could always call them and see if they will trade a dismissal WITH prejudice for you agreeing NOT to pursue your costs from them.  After all, if in the beginning if they would have offered you this entire thing to go away for 300 to 400 dollars you would have probably jumped at the offer.  I’d see what have to say, no skin off their nose to do it, they have realized they lost and don’t want to commit any more resources (money) to this case, give them an opportunity to save even more.

 

Congratulations,

 

rt

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I will call them and see if they go for it, but if they don't, How do i submit my cost?. I will be sure to show up on tuesday, I printed and filled out an Order for Dismissal, hopefully the Judge signs it. is there a cost for the order for dismisal?

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I will call them and see if they go for it, but if they don't, How do i submit my cost?. I will be sure to show up on tuesday, I printed and filled out an Order for Dismissal, hopefully the Judge signs it. is there a cost for the order for dismisal?

 

When is the date of default?  Any subsequent action might be barred by the SOL.

 

IN any event, do not call.  FIRST get your costs awarded.  THEN try to make a deal if you want.  And I would start out offering to take half the costs in exchange for a dismissal with prejudice.  Here is the form:  http://www.courts.ca.gov/documents/mc010.pdf

 

Keep looking at the docket to make sure they actually dismiss.

 

Congrats on a great victory.  Try to bring yourself back to where you were 2 years ago when you got served with this lawsuit.  Could you have imagined that you would walk away from this with a dismissal and cost award?

 

You did well and should be proud of yourself.

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Thinking back to two years ago, I was Freaking out! I almost felt like just letting it happen, I just didn't think I could do it, but then i stumbled on this forum. and received a lot of great advice and Help, Specially from calawyer and Seadragon, both of you were awesome and I owe this victory to you guys thanks again.

 

beingchased, I'm sure you will do well, you are in the right place to get the information you need. I will be happy to help out any way I can.

 

I'll let you know how it goes tomorrow in court, I've been checking the docket but nothing with the dismissal has been updated yet, so I'll be there bright and early.

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Thinking back to two years ago, I was Freaking out! I almost felt like just letting it happen, I just didn't think I could do it, but then i stumbled on this forum. and received a lot of great advice and Help, Specially from calawyer and Seadragon, both of you were awesome and I owe this victory to you guys thanks again.

 

beingchased, I'm sure you will do well, you are in the right place to get the information you need. I will be happy to help out any way I can.

 

I'll let you know how it goes tomorrow in court, I've been checking the docket but nothing with the dismissal has been updated yet, so I'll be there bright and early.

Thanks for the offer and encouragement luru!!!  Rootin' for ya!!!

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IN any event, do not call.  FIRST get your costs awarded.  THEN try to make a deal if you want.  And I would start out offering to take half the costs in exchange for a dismissal with prejudice.  Here is the form:  http://www.courts.ca.gov/documents/mc010.pdf

 

 

Gotta love Calawyer, this makes much more sense.  This way, you're dealing from a position of power, I like it!

 

Again, Congratulations!

 

rt

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So I showed up yesterday, H&H sent a local lawyer to stand in for them. They Got up there and Dismissed without Prejudice.

was in and out in about an 1hr.

 

I will submitting my cost bill this week.

You see if you didn't show they would have gotten you. How do you know when a JDB attorney is trying to jerk you around? his lips are moving. Show up for your trial always.

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