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TD Bank/Patenaude & Felix filed for dismissal in California


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As usual, I'd like to extend my thanks to everybody who listened to me and offered assistance during this latest case of Target then TD Bank with Patenaude & Felix as plaintiff's counsel.

I know that subpoenaing their declarant Adam Grim and the motion in limine that followed was the clenchqer. The attorney called repeatedly trying to settle and we remained firm in our refusal to do so. Trial was to be held this coming Friday yet they filed for a dismissal without prejudice yesterday. I know a without prejudice situation is not ideal, but considering they haven't even sent me the dismissal there's nothing I can do about it.

I do have one question however. I filed a memorandum of costs last week and want that handled as soon as possible. What do I do to get the money I'm out?! Please help.

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The Memo of costs may have been premature last week.  You are entitled to costs if you have a dismissal entered in your favor.

 

Even though this dismissal has been entered without prejudice, it still helps a lot.  Any new case that is filed may be subject to a statute of limitations defense.  And a dismissal to avoid a bad ruling from the Court might subject them to a Rosenthal Act claim. 

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