Legal Question in Personal Injury in California

Withdrawing from a case

I am the plaintiff in a suit involving an auot accident. I would like to withdraw from the case for personal reasons. Is this possible?


Asked on 9/23/03, 7:24 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Withdrawing from a case

Sure, but do not simply dismiss the case without obtaining an agreement from the defendants to waive their costs and fees, otherwise they can get a judgment against you for those amounts. Contact them and make them the offer you will dismiss in return for such waiver.

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Answered on 9/24/03, 11:01 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Withdrawing from a case

Yes. All you need to do is file a request for dismissal with the court. However, dismissing the case may expose you to a suit by the defendants for malicious prosecution. You can avoid this risk by having them sign a mutual release, but you need to arrange this before dismissing the case. You should probably have a lawyer draft the release for you (or review any release the other side drafts before you sign it), since this type of document is a bit esoteric and a layerperson can easily get it wrong.

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Answered on 9/23/03, 9:42 pm


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