Legal Question in Family Law in California
Would an attorney who did not request a civil court judge to dismiss a false civil restraining order request with prejudice when the he/she had the opportunity at the hearing and the judge dismissed it for lack of prosecution be held accountable or sanctioned by the California Bar Association if the petitioner files again and the respondent has to hire another attorney for the second go around?
1 Answer from Attorneys
Probably not, because a judge would almost never dismiss for lack of prosecution with prejudice. Dismissal with prejudice is reserved for situations where there has been some adjudication on the merits, or it otherwise appears from evidence in the record that the case is without merit and it would be a waste of court resources to allow it to be refiled. Just filing something and then not moving it forward is not enough to obtain a dismissal with prejudice, unless perhaps there have been multiple previous filings that were then not prosecuted based on the same claims and allegations which might indicate that there is no merit.
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