Legal Question in Family Law in California

Dismissed with or w/o prejudice

If a case was first dismissed with prejudice and then a second time with a motion to quash, does that mean it cannot be tried again?


Asked on 8/31/06, 12:00 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Dismissed with or w/o prejudice

If a case is dismissed with prejudice the issues of the case cannot be raised again in another action. It is determinative of those issues. If dismissed on a motion to quash there is no trial of the issues and therefore those issues can be raised in another action. Those are the legal quidelines there are some ways around the legal problems so you should contact an attorney concerning the legal problem that you are having. Good Luck, Pat McCrary

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Answered on 8/31/06, 5:15 pm


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