Legal Question in Civil Litigation in California
I currently have a civil case in CA Superior Court and I have filed a Request to Dismiss the case, pending the clerks signature which takes about 3 days. The Defendants attorney emailed me today requesting a meet and confer prior to filing a demurrer. Should I notify the Defendants that I filed the Request to Dismiss?
1 Answer from Attorneys
Not only should you already have notified them, you were obligated to serve them with a copy and file a proof of service with the request for dismissal. The clerk may "bounce" the dismissal due to it not being served, although if no defendant has filed an appearance it may go through. I suggest you contact the appropriate self help office for your case to get guidance on this process. https://www.saccourt.ca.gov/indexes/self-help.aspx