Legal Question in Civil Litigation in California
I was the defendant in California small claims court. The plaintiff did not show up. The judge dismissed the case. The plaintiff then refiled the same exact suit. What did the judge not do to insure that the plaintiff could not sue me again in small claims court? What should I have asked?
Asked on 1/06/15, 11:56 am
1 Answer from Attorneys
Rob Reed
Law Office of Robert A. Reed
You should ask for a dismissal with prejudice... probably not likely... as long as the statute of limitations has not expired, the plaintiff can refile... if happens again, I would bring previous paperwork, and a judge might give you a "dismissal with prejudice" if the judge deems that you are merely being harrassed. Good luck.
Answered on 1/06/15, 12:04 pm