Legal Question in Civil Litigation in California

Dismissing a settlement

I am a plaintiff in pro per in a civil lawsuit against two defendants. My trial date is several months away. I reached a good faith settlement with one of the defendants and I dismissed the lawsuit against him with prejudice.

The other defendant is now challenging me that since he does not agree with the settlement I have reached with the first defendant, he will file a motion and ask the judge to dismiss my settlement. Will the judge dismiss my settlement if the defendant files such a motion?

Thanks for clarifying.


Asked on 1/08/08, 4:35 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Dismissing a settlement

In some circumstances a plaintiff who wishes to settle with one of multiple defendants must first seek a finding by the court that the settlement was in good faith. A plaintiff who fails to do so in those circumstances may see his case against the other defendant(s) dismissed as a result.

Your question says you settled in good faith, but the fact that you think so is not enough. You haven't said whether the judge approved the settlement, so I presume she did not. I can't tell from the limited facts you have provided whether such approval was required in your case, but if it was and you didn't get it then the other defendant may win his motion.

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Answered on 1/08/08, 4:48 pm


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