Legal Question in Civil Litigation in California

Civil Tort Case: Dismissed vs Disposed?

Case disposed with disposition of default judgment by court.

Case dismissed with disposition of request for dismissal

what is the difference between the two?

What if both are listed in the dockets? One after the other?


Asked on 3/06/09, 5:05 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Civil Tort Case: Dismissed vs Disposed?

Sounds like there was a default judgment obtained against one defendant, and the plaintiff decided to dismiss the other defendants.

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Answered on 3/06/09, 5:11 pm
Adam Telanoff Telanoff & Telanoff

Re: Civil Tort Case: Dismissed vs Disposed?

Default Judgment by Court means that a defendant was served, did not answer, and had their default entered. Then the plaintiff obtained a judgment against the defendant.

Request for dismissal means that the plaintiff asked the court to dismiss a defendant from the lawsuit.

Quite ofter there are multiple named defendants (and always unnamed "Doe" defendants). In order to obtain a default judgment against served but non-appearing defendants, all remaining defendants need to be dismissed.

What most likely happened in your case is that the plaintiff dismissed the unserved defendants (request for dismissal) and obtained a default judgment against the served defendants.

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Answered on 3/06/09, 6:20 pm


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