I have an OSC re: dismissal of settled case coming up next week. I believe I have 5 Ct days to file something with the court before the hearing, if I choose to. Is there anything I should file- response? etc. Or should I just show up and let the judge verbally know what has been happening with the settlement?
I read advice from others on the site stating that its always a good thing to show up. I've been making regular payments but the Plaintiff has been flaky in getting me the yearly totals of pmts made. This settlement is going to go on for 5 more yrs.
If you are the defendant, you do not need to appear for the OSC Re Dismissal Following Settlement.
If no one shows up for the OSC, the court will probably just dismiss the case.
If just the plaintiff shows up for the OSC, the court will either dismiss the case and retain jurisdiction to enforce the settlement, -or- continue (postpone) the OSC hearing for a few more months.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
I concur with Mr. Chen, that you need not show up, as the court will probably dismiss the case, if the plaintiff's firm does not show. It is likely the attorney for the Plaintiff will not show if you have made the payments required by the settlement and have paid all payments.
Robert Stempler (please see DISCLAIMER below)
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you do not need to file anything. Do you have a written document memorializing the terms of the settlement?
It is likely that the plaintiff will file a Request for Dismissal just before the hearing, containing language to the effect that the court retains jurisdiction to enforce the settlement pursuant to Code of Civil Procedure section 664.6.
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