Legal Question in Landlord & Tenant Law in California

stipulated judgment fulfilled
I received a stipulated judgment (unlawful detainer) and have now fulfilled it. the plaintiff is in agreeance that it has been fulfilled. On my original order it says the next hearing for order of cause will be in May 2009 and it is on the court calendar for then. Since I fulfilled the requirements of the agreement early I want to have it dismissed now. How do I go about doing this?

Asked on 6/02/08, 3:29 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

0 users found helpful

0 attorneys agreed

Re: stipulated judgment fulfilled

You could bring a motion to dismiss based upon the agreement of the parties. Which the plaintiff probably will not contest, and the court will grant the request. You could also ask the Plaintiff to sign a Request for Dismissal, but you really should have gotten this at the time you made your last payment, as the plaintiff has nothing to gain by bothering with the Request for Dismissal now. Also, it is not clear whether a judgment has already been entered or whether it would be entered at a later date if you did not comply with the agreement. If the judgment has already been entered, you should file a motion to set it aside at the same time you file to dismiss the case.

Answered on 6/02/08, 5:15 pm

Mark as helpful