I WILL LIKE TO KNOW IF I HAVE TO PUT THE DEFENDANT NAME ON THIS LINE AND SIGNED OR IF I LEAVE IT BLANK SINCE WE ARE THE PLAINTIFF. WE RECEIVED THE PAYMENT IN FULL FROM THE DEFENDANT AND ARE ASKING TO DISMISS THE ENTIRE ACTION.
You need to read the ** part. The defendant's consent is only required "if a cross-complaint seeking affirmative relief is on file." You cannot dismiss another party's claims, so if a cross-complaint has been filed you cannot dismiss the entire action.
Also - be aware that CCP 1032 provides that a defendant in whose favor a dismissal is entered is a "prevailing party" for purposes of recovering costs. You need to either get an agreement to waive costs before filing the dismissal or be prepared to pay the defendant's court costs.
You cannot give the consent of the defendant. You can---should-- ask for a dismissal with prejudice.
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