Legal Question in Business Law in California

I've been a Defendant in two separate suits filed by the same Plaintiff for the same allegations. In both instances, we've gone through discovery for which Plaintiff has not provided ample (if any) evidence to support its claim. Additionally, in both instances we've gone through all the other steps leading to trial and in both instances just before trial, Plaintiff has dismissed the entire action without prejudice. What can I do/file to either have a judgement rendered at this point based on the evidence or have the action dismissed with prejudice? If nothing, then what can I do when the third suit is filed somewhere down the line as I fully suspect it will be? Thank you in advance for any assistance...


Asked on 4/22/12, 10:30 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You should consult with an attorney at length about the case. A plaintiff who dismisses an action without prejudice can refile again, as long as the statute of limitations has not run on the underlying claim. A good attorney may spot some issues that may assist you in ending the litigation permanently.

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Answered on 4/22/12, 11:54 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, California state court or United States District Court? The rules are different.

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Answered on 4/22/12, 8:24 pm


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