Legal Question in Landlord & Tenant Law in California
Fulfilled Stipulated Judgement
I received a stipulated judgement (on an unlawful detainer) and have now fulfilled all of the requirements of the stipulation. On the order it states that it will be heard for dismissal in May of 2009 and I am on the court calendar for May '09. Since I have fulfilled this early I wish to have it dismissed now. How do I go about doing this? There is no disagreement with the plaintiff, they agreeing that the stipulations have been met and agreement has been fulfilled in its entirety.
2 Answers from Attorneys
Re: Fulfilled Stipulated Judgement
I assume that the stipulated judgment was held by the attorney, and not filed. If it was entered in court, then it's a judgment against you. You might enter into a stipulation with the plaintiff's attorney to set aside the judgment and enter a dismissal, instead.
If it's just a stipulated settlement, then the plaintiff's attorney can file a request for dismissal.
Re: Fulfilled Stipulated Judgement
Follow Mr. Cohen's advice.