Legal Question in Civil Rights Law in California

Here is the case # to check the docket (10K07453), in response to you answer.

To refresh my question: I filed a complaint and served on deft. Deft. filed an answer and request to dismiss, with a proof of service, but I did not received anything in the mail. The Court dismissed the case without prejudice.

Your answer indicated that the deft. may have filed a demurrer and to give you a case number to check the docket (See above).

Thank you


Asked on 7/06/10, 10:06 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Because the plaintiff and defendant have the same last names, I suspect that a clerk became confused and thought that YOU had filed the request for dismissal of the complaint. You might go to the courthouse and review the actual documents to figure out what happened. You might have to file a motion under CCP section 473 to set aside the dismissal based upon suprise, inadvertence, or excusable neglect.

Then again, there seems to be a related case, and perhaps all the issues are being handled in that case. It's not easy for me to determine from the docket exactly what happened!

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Answered on 7/06/10, 1:43 pm


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