Does an attorney have authority to dismiss an action with prejudice?
California, United States of America
The following excerpt is from Blanton v. Womancare, Inc., 212 Cal.Rptr. 151, 38 Cal.3d 396, 696 P.2d 645 (Cal. 1985):
Respondents also cite Ghiringhelli v. Riboni (1950) 95 Cal.App.2d 503, 213 P.2d 17, for the proposition an attorney possesses apparent authority to dismiss an action with prejudice. Plaintiff, however, made no challenge at all to the authority of counsel to do so. The authority of counsel to dismiss the action was not even at issue, and the court did not rule on any authority question.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the legal test for authorization of an attorney in a motion for dismissal with prejudice? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Does the Attorney General have any authority or authority to compel a district attorney to produce evidence of a 'deal'? (California, United States of America)
What authority does a plaintiff have to voluntarily dismiss an action with or without prejudice? (California, United States of America)
What is the standard of care for a plaintiff to receive attorney fees from an employer's attorney in a wrongful dismissal action? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Does the Attorney General have any authority or authority to grant a motion to dismiss the Petitioner's claim that he is a habitual criminal? (California, United States of America)
