Legal Question in Business Law in California

If I dismiss a defendant with out prejudice can the judge or opposing counsel change it to with prejudice?

I really blew it. I'm late on sending documents, I have received sanctions and the opposing lawyers firm is to much of a match for this pro se litigant.

I'd like to dismiss the case and start over with representaion, is that an option for me?


Asked on 1/10/17, 5:36 pm

2 Answers from Attorneys

It is not a smart option. Dismissal will not cancel the sanctions and will most likely result in an immediate filing of a costs bill from the other side as well, which the court will be required to grant. You gain nothing by dismissing, and stand to lose a lot, if you plan to go forward with the case. Far better to find counsel immediately and maybe they can get some of the sanctions waived or modified, and at least prevent you from being charged with all the other side's costs to date.

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Answered on 1/10/17, 6:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, I agree......rather than dismissing, get experienced counsel immediately to take over for you, especially if your claim involves a substantial sum of potential damages.

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Answered on 1/10/17, 8:46 pm


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