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Trial Today, Case Dismissed without Prejudice

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Hey guys, I'm having my trial against cap1 today so I'm getting a little bit nervous and anxious.

 

I would like to thank everyone that helped me get to this step, it is impossible for me without your generous helps.

 

Well, hopefully everything goes well, wish me luck and I'll keep you guys updated!

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Update: 

 

The Plaintiff's attorney tried to settle before judge arrives, of course I said no.

 

Yay! The Plaintiff's attorney dismissed(dismissed without prejudice) the case before the judge showed up.

 

Many thanks to Calawyer, thank you for your guidance and patient on responding many stupid questions I had. Thanks to Sea Dragon and Anon Amos that helped with my interrogatories. I can't be thankful enough for your supports and kindness.  ::daisy::

 

Can I ask Plaintiff to reimburse the processing fees now?

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Hey guys, I'm having my trial against cap1 today so I'm getting a little bit nervous and anxious.

 

I would like to thank everyone that helped me get to this step, it is impossible for me without your generous helps.

 

Well, hopefully everything goes well, wish me luck and I'll keep you guys updated!

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Update: 

 

The Plaintiff's attorney tried to settle before judge arrives, of course I said no.

 

Yay! The Plaintiff's attorney dismissed(dismissed without prejudice) the case before the judge showed up.

 

Many thanks to Calawyer, thank you for your guidance and patient on responding many stupid questions I had. Thanks to Sea Dragon and Anon Amos that helped with my interrogatories. I can't be thankful enough for your supports and kindness.  ::daisy::

 

Can I ask Plaintiff to reimburse the processing fees now?

 

 

I am so happy for you.  Nice going.  Can you imagine, asking the other party to settle and then, when they say NO, dismissing the case?  Unreal.

 

You are entitled to your costs.  That may just be the several hundred dollars that you paid to answer the complaint.  But it is sure better than a judgment in plaintiff's favor.

 

Here is the form:  http://www.courts.ca.gov/documents/mc010.pdf

 

Congrats.  I am very proud of you.

 

 

Congrats.

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Wow! Congratulations. This forum is a blessing to so many people. The other day I saw a sad woman at the courthouse looking at a file. I asked her if she had been sued by a junk debt buyer. She said yes. She said that they served her at an address she hasn't lived at for five years. So she never responded and they got a judgement against her. She was trying to fight the judgement. I told her about this forum. I hope she comes here. The people here are so generous with their time. Thanks to everyone for doing what you do!

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Wow! Congratulations. This forum is a blessing to so many people. The other day I saw a sad woman at the courthouse looking at a file. I asked her if she had been sued by a junk debt buyer. She said yes. She said that they served her at an address she hasn't lived at for five years. So she never responded and they got a judgement against her. She was trying to fight the judgement. I told her about this forum. I hope she comes here. The people here are so generous with their time. Thanks to everyone for doing what you do!

Nice

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Have you considered filing a motion to dismiss with prejudice?

 

The plaintiff is entitled to dismiss without prejudice anytime before the trial. Nothing the OP can do, really. 

 

The bright side is that the SOL continued to run as if this never happened.

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The plaintiff is entitled to dismiss without prejudice anytime before the trial. Nothing the OP can do, really. 

 

The bright side is that the SOL continued to run as if this never happened.

 

If i'm not mistaken, if you file a counter claim if you have one before they dismiss, then they cannot dismiss. That or something else that I had heard about but am missing here...oh well.

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I think they can still dismiss anytime they want, but your counterclaim would still be viable. Most times they will offer a stipulated dismissal that you drop the counterclaim. Those stipulated dismissals often come with prejudice, though.

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I think they can still dismiss anytime they want, but your counterclaim would still be viable. Most times they will offer a stipulated dismissal that you drop the counterclaim. Those stipulated dismissals often come with prejudice, though.

Depends on that state's rules, in Illinois if the defendant has a motion filed prior to a voluntary dismissal, the judge may rule on the defendants motion first. I wouldn't doubt the other states have a similar rule.

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Depends on that state's rules, in Illinois if the defendant has a motion filed prior to a voluntary dismissal, the judge may rule on the defendants motion first. I wouldn't doubt the other states have a similar rule.

My court has a local rule where a cross complaint does not allow the plaintiff to dismiss. I think they do that because people will be less likely to file a cross complaint against the bottom feeder. It is a bad strategy not to file a cross complaint because it may complicate a dismissal. When you have a cross complaint (even if you can't prove it) you gain leverage. You can then shoot for a stipulation where both parties will dismiss their suits. 

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Depends on that state's rules, in Illinois if the defendant has a motion filed prior to a voluntary dismissal, the judge may rule on the defendants motion first. I wouldn't doubt the other states have a similar rule.

 

Depends on the motion. A motion to compel, for example, would be considered moot. A motion to dismiss or an MSJ, that is completely different and I agree.

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