Legal Question in Civil Litigation in California

Re: dismiss lawsuit

You only need to fill out the form and file it. HOWEVER, there are some things to keep in mind before you do this.

First, if there is a cross-complaint against you, you can only dismiss your original action. The cross-complaint will remain in effect unless you get the other side to agree to drop it.

Second, it is possible that the other side will sue you for malicious prosecution unless you have a signed agreement from them promising not to. This doesn't happen in most cases, but it happens often enough to worry about it. How likely it is in your instance will depend upon a variety of factors which are not discussed in your question.

Third, keep in mind that a dismissal "with prejudice" means you cannot bring the suit again later. A dismissal "without prejudice" will allow you to reinstate the suit if you want, provided that you do so before the applicable limitations period expires.

You might want to consult with a lawyer to discuss the specifics of your case before you proceed.