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I settled my auto accident/tort case in San Francisco Superior Court - limited jurisdiction. What form do I fill out to dismiss?

San Francisco, CA |

I was told by the defense attorney that they will not send the check until they receive my signed copy of the dismissal. I would not have to file the dismissal until I receive the payment. Is this the normal procedure? What form do I use to dismiss?

Am I supposed to file a Notice of Settlement, then afterwards file the Request for Dismissal? I settled the case right after serving the Defendant and before the first CMC.

Attorney Answers 1


Call the clerk of the court to find out about the form. Make sure you don't dismiss with prejudice. This means if something should happen, you can refile. You should have some kind of settlement agreement signed before you dismiss the complaint.

I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.

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