Legal Question in Civil Litigation in California
Does a complaint filed in bankruptcy court but never heard because bankruptcy was cancelled count as 'your one attempt to litigate' in civil court?
Asked on 12/29/13, 3:11 pm
1 Answer from Attorneys
Charles Perry
Law Offices of Charles R. Perry
The doctrines you are concerned about are named "res judicata" and "collateral estoppel." Neither one apply unless and until there is a final judgment on the underlying dispute.
If the complaint was dismissed (not the bankruptcy -- the complaint filed in bankruptcy court), then there is no problem with res judicata and collateral estoppel. You should refile in the appropriate court quickly, however, so as to minimize any potential statute of limitation problem.
Answered on 12/29/13, 11:33 pm