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Hello,

Capital one mailed me a CIV-110 Request for Dismissal without prejudice of the complaint and the entire action of all parties and causes of action.

It was signed on 1/30/2020 along with a proof of service form that they served it to me by mail. The problem is I keep checking on the lacourt.org website for the case status and it doesn't say anything about the CIV-110 or dismissal. Case shows pending, and the last thing is the general denial I filed. I also called the clerk today and they said they don't see anything, and I should contact the attorney on the other side and tell them it wasn't filed. I am not sure it is a good idea to call Capital One's attorney. (They had sent interrogatories and 2 days later sent this dismissal.) I didn't respond to the interrogatories because it looked like they are dismissing.

What should I do? Also, I am confused about Section 3 where it says "To the Clerk: Consent to the above dismissal is hereby given." Is that a section I am supposed to sign? and then submit to the court. Please advise. https://www.courts.ca.gov/documents/civ110.pdf

I just want the dismissal to be in the system so I can move on. Thanks!

 

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If they sent the dismissal after the Interrogs, I'd press back for dismissal WITH Prejudice.  Means they can't go after you again.

And just to CYA, prep your Answers to the 'rogs just in case.

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Just curious why it would be more justifiable to push for dismissal with prejudice if they sent interagtories already. Id rather not respond to those.

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