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?
2 Answers from Attorneys
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.
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.