Legal Question in Civil Litigation in California
The collection lawyer sueing me in civil court requested a dismisal and it has been rejected. What happens next? Do I still go to the third status conference scheduled? What will the plaintiff do? They have never been able to supply any evidence of the amount they are suing me for. And they never responded to my demand for bill of particulars. I think they were assuming it would be another default judgement, but I fought back.
2 Answers from Attorneys
It's unusual that a request for dismissal would be rejected. You probably should go to the status conference just to make sure that you know everything that is happening in the case. It also will give you an opportunity to talk with the plaintiff's lawyer to find out what the creditor's intentions are.
I would go to the status conference to make sure you know what is going on in the case, and to make sure that nothing is misrepresented to the court. The Request for Dismissal form has been changed recently, and it may have been rejected if it was an older copy, or the plaintiff's attorney did not fill it out correctly. I know that Legal Solutions, the forms software used by many attorneys, does not immediately contain the updates that go into effect on January 1st.
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