Legal Question in Civil Litigation in California
in a tort civil action after settlemen which party signs the request for dismissal
4 Answers from Attorneys
The person filing the complaint, or their attorney, dismisses the complaint.
I agree with Mr. Shers. Additionally, if the case involves cross-complaints or complaints in intervention, the parties who filed them should dismiss them if those parties have settled their claims. If you are such a party, you should have a lawyer review your status before you take any action.
The plaintiff signs the request for dismissal. If a cross-complaint was filed by the defendant, then his signature would need to be on it as well, along with the box marked "consent to dismissal."
If you do not have a lawyer, do not sign the request for dismissal until you have your check in hand.