Legal Question in Appeals and Writs in California

How do i?

I need to know how to file a dismissal of action in superior court. I filed a petition for writ of mandate in superior court and the respondents have agreed to my request, so i need to file a dismissal of action for my petition. Im not sure how the document is to be named. Is it a ''Motion for Dismissal of Action'' or just ''Dismissal of Action''.


Asked on 10/21/03, 10:30 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: How do i?

There is a court form named "Request for Dismissal" which gets filed. I would have the written agreement with the other side signed and completed and have it provide that the dismissal gets filed AFTER the agreement is performed (or after you get the check, get the agreed consideration, etc.). Don't file it immediately because if a lawsuit was necessary to get the defendant to do what you wanted, the suit should remain outstanding until they perform.

A settlement agreement is really what you should have which details exactly who is going to what, when, and how the dispute will finally terminate.

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Answered on 10/22/03, 11:14 am


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