Legal Question in Civil Litigation in California
In California Civil Court, If a case is dismissed "with-out prejudiced" by request of the plaintiff, is there a statute of limitations for refiling the case? If so, what is the limit? To Clarify: This is a case of an individual homeowner in an HOA, suing the HOA for damages to their property from a mudslide. The case was originally file a few days before the original SOL was due to expire and now has long since expired. Does a SOL start over at the "with-out prejudice" dismissal date? The dismissal date was substantially past the original SOL date.
2 Answers from Attorneys
The original limitations period still applies. If it has run out while the suit was on file, the case cannot be refiled, or more specifically it is subject to demurrer or motion to strike if it is refiled.
I agree with Mr. McCormick. There is no different statute of limitations that applies for refiling. The original statute goes back into effect, and all the time that the lawsuit was pending counts toward the running of the statute of limitations when a case is dismissed without prejudice. It has the same legal effect as if no case were ever filed at all.
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