Legal Question in Civil Litigation in California

Request for dismissal of Case

In 2003 I filed Chapter 7 bankrupty. A consolidated stay was granted to an opposing party pending Supreme Court ruling on a relative case regarding recovery of attorney fees and a suit against me for Malicious Prosecution. The Supreme court ruled against the plantiff. Plaintiff dismissed the appeal for attorney fees on August 5, 2003. On October 14, 2004 the Bankruptcy court issued a request for submission of supporting documents from plaintiff - they failed to respond. On January 14, 2005 the Bankruptcy Court issued an order dismissing Adversay Proceeding Without Prejudice for Want of Prosecution. On 1/18/2005 Adversary Closed.

The Malicious Prosecution Case is scheduled for trial on April 29, 2005. What forms do I use to request the court dismiss this case?


Asked on 3/05/05, 12:06 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Request for dismissal of Case

You should go ex parte to present your documents from BK court. Call me directly at (619) 222-3504.

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Answered on 3/08/05, 4:19 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Request for dismissal of Case

Take a copy of the petition for bankruptcy, the notice of discharge and a list of creditors, showing the plaintiff as a creditor. This should be sufficient for most courts. The burden of convincing the court that it can proceed with the action will fall on plaintiff.

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Answered on 3/05/05, 2:05 pm


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