Not sure I understand what is going on, but if you want to dismiss a civil case - Small Claims or otherwsie - and do not want to hurt yourself, then dismiss WITHOUT prejudice. This will allow you to refile.
You can ALSO file a conditional notice of settlement in the Civil case.
No matter what you decide:
1) get the help of a lawyer. This is too serious to take chances on your own;
2) get a settlement in writing. This is too serious to take on a "handshake" only.
Again, hire a lawyer to help you out. You have too much at stake. I have said this numerous times before, "you do not need a dentist to pull a tooth, but it helps. The same goes with practicing law - you don't need a lawyer, but it helps."
Many lawyers, myself included, handle simple transactions like this for a flat fee instad of billing by the hour or based on contingency. Ask around.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.
Normally if there are
Multiple cases based on the same set of facts and circumstances, the small claims actions would be consolidated in the civil cases. It is not discretionary to consolidate in those cases. However, I too am not clear about what's going on. If you want to dismiss, you can file a Request for Dismissal. As my colleague said, unless there is agreement otherwise, you shoul probably file without prejudice which would allow you to refile if the statute of limitations or other legal reason does not preclude you from doing so
This answer is intended to provide general information only. It does not create an attorney client relationship nor should it be construed as legal advice or an opinion on specific situations. Donald A. Green is only licensed to practice law in California and Oregon.