San Jose, CA asked in Personal Injury for California

Q: How to fine a motion to dismiss without paying legal fees.

I am a plaintiff and my attorney just withdrew abruptly. I know nothing about civil trial or procedures. I have not worked in five years since the injury and I am currently going through school to change my job field. With school starting, I have no time to invest in this law suit. At this point, I don't even know what papers to file and what to expect from this.

Can I write to the judge directly to try to end this trial before my school begins? Can I do this without owing the court fees, mine and defense?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

a lawyer usually withdraws if the case looks bad or the client is hard to handle.

if you are talking about YOU having filed and now want to drop it then you can google motion to dismiss.

however, i would want to be sure the defense would not come after you for costs. Maybe ask the adjuster saying you will dismiss with a waiver of costs.

Theodore Allan Greene agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: In general, it is certainly possible to negotiate a Dismissal of your action for a waiver of costs, or even a nominal settlement. That would be done through contact with the Defendant's attorney, not by writing to the judge. Whether that option is achievable in your case is unknown.

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