Legal Question in Credit and Debt Law in California
Thank you for your help!! If a plaintiff files a request for dismissal with the following wording: Please dismiss this action as follows, a. (2) without prejudice b. (1) Complaint, (5) entire action of all parties and all causes of action. Does this mean the plaintiff is dropping all charges?
2 Answers from Attorneys
Yes, all charges in the complaint on file in that case are dropped. However, "without prejudice" means the plaintiff reserved the right to refile at any time up until the statute of limitations runs out. If the statute of limitations has already run out, then the "without pejudice" is meaningless and the whole matter is dropped permanently.
Yes, the entire complaint is dismissed. A dismissal "without prejudice" means that they can refile the lawsuit, assuming the statute of limitations has not expired.
If you filed a cross-complaint, it may still be pending unless you agreed to dismiss it as well.
You may be entitled to file a judgment of dismissal and file a memorandum of costs to recover expenses like your filing fees.
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