Legal Question in Real Estate Law in California

Re: dismissal

Normally a suit can be dismissed at almost any time; the defendant sometimes can object if it somehow hurts him. The other side might sue you for malicious prosecution and refer to the dismissal as some evidence. You should try to get them to waive any claim against you.

If your attorney was fully aware that you might or should dismiss your lawsuit, he wold not be able to go after you for fees, but if you used him in a scheme to try to get money from the defendant he might claim that you intentionally mislead him and should be awarded the value of his work.

What were you doing filing a lawsuit before you knew if you could prove your case? If anything got recorded to effect the title, you may face a suit for clouding the title.