Legal Question in Civil Litigation in California

Re: Dismiss without prejudice

You do not need CIV 110 Request for Dismissal http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

But, you cannot re file the case if it is beyond the proper time limits when you go to refile.

Re: Dismiss without prejudice

Yes, but you won't be able to refile if the statute of limitations has run by the time you decide to refile. Better would be for you to request continuance of any hearings, to allow time for you to find a new attorney. You have to ask yourself honestly why the attorney dropped you. If the case has merit, value and collectability, he shouldn't or wouldn't have done so unless you're a problem client. Regardless, if the case does have those three things, and you're not a problem client [unrealistic expectations] and it is in SoCAL courts, feel free to contact me to discuss if you're serious about hiring new counsel.

Re: Dismiss without prejudice

You can just make the motion verbally at your next court appearance. You could also obtain a Judical Council Form: Motion to Dismiss from the court clerk with a Proof of Service form, fill it out, copy it, serve it and file it.

But watch out for the statute of limitations. If the second filing is after the statute of limitations in your case, you could lose your right to sue.

Re: Dismiss without prejudice

You need to find an attorney now.

www.amyghosh.com