Legal Question in Mediation in California

Dismissal with Prejudice as to entire action filed

Recently I settled a lawsuit I had against two parties. In our settlement one was to pay the agreed amount immediately, which he did, and the other was to pay me their agreed settlement amount on April 1, 2008. On the online case history the court has now shown the case as ''DISMISSAL WITH PREJUDICE AS TO ENTIRE ACTION FILED''. Is this correct in that the second party has not paid their share of the settlement amount?


Asked on 1/02/08, 10:16 pm

2 Answers from Attorneys
Clayton Lee Russakow, Ryan & Johnson

Re: Dismissal with Prejudice as to entire action filed

Yes, this is likely correct, depending of course on the provisions of your written settlement agreement (I'm assuming you have one). Typically, the parties agree to settlement term$ and then agree to file a dismissal of the case even if not all of those performances have been accomplished. You still have a written and signed Settlement Agreement which is enforceable like any written contract, wether the underlying case has been dismissed or not.

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Answered on 1/03/08, 11:18 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Dismissal with Prejudice as to entire action filed

Whether this is correct depends upon the terms of the settlement agreement. If it is wrong, apply to the court to vacate the order of dismissal pending completion of the condition. If it is correct, and the payment is not forthcoming, you will have to sue again, now on the settlement agreement.

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Answered on 1/03/08, 5:03 pm


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