Legal Question in Civil Rights Law in California

I filed a civil lawsuit and served the complaint on defendant. Defendant filed an Answer and Request for Dismissal with a Proof of service that the documents were mailed to me, when in fact, I did not receive a thing in the mail. Now, the Court has dismissed the case without prejudice. Can I ask that the case be reopend and quash the process of service?


Asked on 7/02/10, 10:17 am

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

I think I'm missing something. If you were the plaintiff, you're the only one who could file a request for dismissal. What the defendant might have done was file a demurrer, and the court ruled on the demurrer without your having received the documents. There are ways to reopen the case, but time is critical. Please give me the case number and I'll check the electronic docket (if available) to see what actually happened, and then try to give you some guidance.

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Answered on 7/02/10, 2:15 pm


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