Legal Question in Administrative Law in California

Prescribed forms to dismiss a lawsuit
I am representing myself in an unlimited civil lawsuit against two defendants. One of the defendants has reached a settlement with me. However, the other defendant does not want to settle.

I like to dismiss my lawsuit against the agreeing defendant and continue with the remaining defendant. Are there any prescribed forms to dismiss my lawsuit against the agreeing defendant and continue my lawsuit with the second one?

Also, do I need to be aware of any issues that might be played by the second defendeant if I dismiss my lawsuit against the first defendant?

Thank you for your advice.

Asked on 12/26/07, 9:10 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Re: Prescribed forms to dismiss a lawsuit

The non-settling defendant may seek to file a cross-complaint against the settling one, especially if he thinks the other guy got out of the suit too cheaply. You would then have to file a motion for good faith settlement [actually, this is something the settling defendant must worry about and not really you]. Otherwise you could just file the standard Request for Dismissal with Prejudice and state that it only applies to that one defendant. If it would be a joint and several verdict, then the defendant who goes to trial gets as a credit the full amount of the settlement and will blame the empty seat [the settling party] for everything. So it is not as simple as you may have thought. If the settling party has an attorney, discuss the issues with him/her as the settling party probably wants the other defendant to pay more than he/she did to settle.

Answered on 12/27/07, 3:35 am

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