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Settlement Reached, but OSC hearing on dismissal continued by Plaintiff????

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Civillit?

Junior Member
What is the name of your state (only U.S. law)? California

Hi, and Thanks.

And probably this will generate a "general" answer, but I appreciate your help. I was one of two defendants, in civil litigation brought by a plaintiff -- it was over personal property. I had my own legal council, then went to a paralegal. The other defendant did not even answer the complaint, left the state, is AWOL! So, we weren't defending ourselves together.

I settled with the plaintiff on my own behalf after several months, sent her settlement money, signed an agreement to hold harmless, and not sue or re-sue each other. Sorry forgot the legal-eez of the wording, but I believe it was correct, as an independent attny did review it for me.

Rec'd and filed a request for dismissal, and court docs show--REQUEST FOR DISMISSAL ON 2ND AMENDED COMPLAINT OF (plaintiff's name) AS TO DEFENDANT (my name) WITH PREJUDICE FILED AND ENTERED. Then the court scheduled for 12/19/14: OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF CONDITIONAL SETTLEMENT. Well, on 12/15, court records show Plaintiff's attorney faxed a request to continue this hearing and is now continued to 1/27/15.

I am hoping this has to do with the other defendant (default entered, but no d.judgement yet) and this case, and not that the plaintiff decided to fail on our agreement???!!! Can she do that???? I've rec'd no contact, no service, no emails from the plaintiff (via her attorney), since we agreed on settlement mid Oct. There are no specifics on the page where they post case docs and dates.

Thanks for any feedback!
 



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