Legal Question in Civil Litigation in California

If I have an agreement with the plaintiff to aside a default judgment and then immediately dismiss the case with prejudice, do I need to do them separately, or should I put them together?

ie. STIPULATION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT and REQUEST FOR DISMISSAL separately or in one file? Do I need to file anything else?


Asked on 11/15/12, 5:37 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You can't dismiss a plaintifff's case against you.

You would both have to sign a stipulation to set aside the default and default judgment, with a proposed order to be signed by the judge. The plaintiff would then need to sign the request for dismissal. All of these terms should be embodied in a written settlement agreement.

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Answered on 11/19/12, 10:14 am


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