Legal Question in Landlord & Tenant Law in California
Plaintiff and defendant in an eviction case have reached an agreement, and both have signed a Request for Dismissal CIV 110. Now plaintiff says that defendant doesn't have to file the document, that his lawyer will just ask for the matter to be taken off calendar. Should we believe him, or should we file the document just to be safe?
Asked on 7/18/10, 6:35 pm
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
FIle the dismissal. Only the plaintiff can take a case off calendar. You'd be more protected if the case were dismissed.
Answered on 7/18/10, 10:15 pm
Even if a hearing is taken off calendar, the case is not off the court's docket unless the dismissal is filed. File it.
Answered on 7/19/10, 9:40 pm
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