Legal Question in Civil Litigation in California
A civil case was dismissed on a motion by the defendant but the decision/order does not say the case was dismissed with prejudice. Plaintiff can appeal or reargue but does that also mean the plaintiff can file a complaint again? What is the proper interpretation?
2 Answers from Attorneys
If the complaint was dismissed without prejudice, then the plaintiff can file the complaint again. Depending on the timeline, you may have statute of limitations issues, so be sure and look at that. Also, you should check to find out why the case was dismissed in the first place, so that you can try to correct that issue(s) the next time around. You should be able to see from the order for dismissal whether it was dismissed with prejudice or not.
It depends on the grounds for the motion. I can't determine that without more facts in order to tell you whether the dismissal is with or without prejudice. If necessary, send me a private e-mail.
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