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The Plaintiff asked for dismissal? Did I win? What do I need to do?

Newport Beach, CA |

I looked up my court case online, all this was submitted since my request for motion to compel discovery was granted. I WAS NEVER NOTIFIED OF THIS

CASE DISMISSED WITH DISPOSITION OF REQUEST FOR DISMISSAL
12/27/2011

COMPLAINT DISPOSED WITH DISPOSITION OF REQUEST FOR DISMISSAL.
12/27/2011

REQUEST FOR DISMISSAL WITHOUT PREJUDICE - ENTIRE ACTION FILED BY EQUABLE ASCENT FINANCIAL ON 12/27/2011
12/27/2011

CLERK'S CERTIFICATE OF SERVICE BY MAIL (OUT OF PROCESS) GENERATED
12/21/2011

MINUTES FINALIZED FOR MOTION FOR DISCOVERY 12/15/2011 09:30:00 AM.
12/19/2011

MOTION FOR DISCOVERY SCHEDULED FOR 12/15/2011 AT 09:30:00 AM IN LH04 AT HARBOR JUSTICE

PROOF OF SERVICE FILED BY PRITCHARD, CHERYL A ON 11/09/2011
11/09/2011

MOTION TO COMPEL DISCOVERY FILED BY PRITCHARD, CHERYL A ON 11/9/2011

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Attorney answers 4

Posted

It appears that the case was dismissed without prejudice. It can be refiled.

It is not a 'loss', but it means the case has been terminated/ended/stopped by the court.

If the plaintiff takes no further action, nothing will happen except the statute of limitations will continue to run(i.e. the time to file suit again may expire).

Recommend you see a lawyer ASAP if you are the plaintiff and you don't understand what is happening to your pro se case.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Posted

These notes mean that the creditor withdrew the case. Impossible to speculate why the creditor did this, but the creditor is utterly free to sue you again over the same matter.

Hope this perspective helps!

Posted

The case was dismissed by the creditor but the creditor still has the ability to refile. The creditor probably wasn't required to notify you because it would appear that you hadn't filed an answer. However if you were required to pay an appearance fee to file your motion then they should have sent you a copy of the dismissal. Generally, you wouldn't have had the ability to stop the dismissal.

Posted

Kudos to you for moving to compel discovery responses.

As other counsel have said, plaintiff has dismissed its case against you. Since plaintiff dismissed the case "without" prejudice, plaintiff can refile the case so long as the 4-year statute of limitations has not expired (4 years from your last payment to credit card company).

What you need to do now is to serve on plaintiff and thereafter file with the court a memorandum of costs (summary); here's the form: http://www.courts.ca.gov/documents/mc010.pdf. First, use the memorandum of costs worksheet (http://www.courts.ca.gov/documents/mc011.pdf) to fill in all your costs to defend the lawsuit, e.g., your first appearance fee to file your answer or general denial (probably $225 or $370?) and the fee to file the motion to compel (probably $40). Then transfer the total for each category to the summary page. (I don't think you need to attach the worksheet to the summary.) Then ask someone who's not a party to the lawsuit to mail a copy of the summary to the plaintiff's address on the complaint along with an unsigned proof of service (found on summary page 2). Then have him/her sign and date the proof of service. Last, file the original summary with the court and keep a copy for yourself. Plaintiff will have 15 days from the date the copy was mailed to file a "motion to tax costs" and request a hearing date; this would be plaintiff's objection to the costs. If plaintiff does not file such motion, and does not reimburse you your costs, then call the court clerk to inquire how to go about having a "costs award," or "judgment for costs," entered against plaintiff.

The reason you are entitled to have your costs reimbursed is you were the "prevailing party" when plaintiff voluntarily dismissed its case against you.

Again, congratulations! This battle has been won. Now get your fees back.

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