Alameda California Sample Letter for Agreed Order of Dismissal with Prejudice - Compromise and Settlement of Disputes
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FAQ
A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite.
Notice of Settlement of Entire Case (CM-200) Tells the court and other side that the dispute in the case has been settled by agreement of the parties, and that the case will be dismissed.
After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.
When a court dismisses an action, they can either do so with prejudice or without prejudice. Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
Conditional Settlement means a binding settlement agreement filed with the court which will result in a dismissal on the satisfactory completion of specific terms or result in a judgment without further hearing upon the filing of a declaration establishing defendant's default.
OSC Re Dismissal: If the OSC was set because an answer or responsive pleading had not been filed, no appearance is required if such pleading was filed. In all other cases, appearances are required unless a judgment or dismissal was entered that disposed of the entire action.
California Rules of Court, Rule 3.1385, requires a plaintiff to notify the court immediately upon settlement of the case. (Cal. Rules of Court, rule 3.1385(a)(1).) Where a settlement is conditional, the party giving notice must specify the date by which a dismissal is to be filed.
