Legal Question in Civil Litigation in California

Re: What is the difference between a request for dismissal/vacate without prejud

Dismissing a case without prejudice means the plaintiff can bring the same case again later, assuming other requirements (including the statute of limitations!) are met. Dismissing it with prejudice means it cannot be re-filed later. There are many issues which are worth mentioning in connection with this, but LawGuru does not provide enough space to address them all.

Your question suggests that you are the defendant. If so, your request for dismissal will have to have a solid legal basis. And yes, you need to serve it on the plaintiff. You also need to schedule a hearing and give the plaintiff as much time as the code requires so that he can prepare an opposition and attend the hearing.

Re: What is the difference between a request for dismissal/vacate without prejud

With prejudice means that there can not be any further filing on this matter. Without, allows a further filing. The other side must be notified.

Re: What is the difference between a request for dismissal/vacate without prejud

A dismissal with prejudice means that the action may not be refiled, nor may any causes of action which should have been included be filed. It finally ends any claim on the facts alleged in the complaint.

A dismissal without prejudice simply means that the current lawsuit is dismissed -- no longer active. It does nothing to prevent a later lawsuit from being filed.

The Request for Dismissal is filed with the clerk and, like all other documents filed with the Court, served on all parties who have appeared in the case. Only the party who filed the action may file a Request for Dismissal.