kcoble24

Help Please! Sued by Unifund CCR in CA

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Check your court rules and see how they say dismissals are allowed.  Every court is different.  SOME courts say that once an answer is filed, only a stipulated dismissal is allowed. If that is the case, you have the option to file an objection and explain to the court, citing the court's rule, that you were not conferred on the dismissal and that you will be happy to stipulate to a dismissal with prejudice in the case.  However, if your court allows a withdraw or dismissal after an answer is filed, then you don't have any argument left and just have to take the win as is.

 

Nice job!

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On 7/4/2020 at 9:59 AM, kcoble24 said:
 
 

Okay everyone,

First of all Happy 4th of July!

Just to follow up, We were scheduled for a case management conference on 6/29/20. On the 25th We were notified that they have asked for dismissal of the lawsuit. A win! yesss!! But I believe I need to now ask for dismissal with prejudice correct? Because they asked for dismissal without prejudice. If that is the case can anyone point me in the direction of how to go about getting a dismissal with prejudice?

 

Thanks again!!!

Well done!!

CA law allows them to dismiss without prejudice at any time prior to commencement of trial. IMO your outcome is as good as 'with prejudice' - they've learned their lesson and won't be coming for you again.

Get your costs back :)

Quote

 

3.1700: http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1700

(1)Trial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

 

 

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On 7/6/2020 at 7:23 PM, RyanEX said:

Well done!!

CA law allows them to dismiss without prejudice at any time prior to commencement of trial. IMO your outcome is as good as 'with prejudice' - they've learned their lesson and won't be coming for you again.

Get your costs back :)

Congrats @kcoble24!! This is a total win!  Hope you get your costs back! 🥳

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