Legal Question in Civil Litigation in California
How many lawsuits involving same issue are allowed to be dismissed?
It has come to my attention that two unlawful detainer cases, both of which were dismissed, came before the filing of an unlimited civil action I am involved in now.
It appears as if these two other cases were merely utilized to draw out information from both sides, essentially giving way to exactly where the other stood before either decided it was worth really litigating. Facts that came up in these prior dismissed cases has never been offered up in our lawsuit and have also recently found out I was summoned in one of the cases but never knew it since my ex atty accepted on my behalf.
If half of the info the P and D had dredged up before was made avail we would have been done long ago. What rules coincide with dismissing civil matter, the refiling of dismissed matters and requirements surrounding time limits to do any of this.
2 Answers from Attorneys
Re: How many lawsuits involving same issue are allowed to be dismissed?
As many as the court allows. You'll get your answer from the judge as a result of appropriate motions you may be able to bring in the current case, which will be based upon all the facts and the applicable law. If this is worth fighting over, you should get legal counsel to handle it right. Feel free to contact if you decide to do so, if the case is in SoCal.
Re: How many lawsuits involving same issue are allowed to be dismissed?
It's best to ask your attorney for that information. Depending on the type of dismissals, the issues in your current case might be barred from being relitigated. The question is too generalized to answer here.
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