Legal Question in Civil Litigation in California

I looked up my court case on the county calendar and I wasn't on the docket. I looked up my case number and it shows the date I received the summons, the date I responded, the date it was assigned a judge and then it said it was dismissed 6 months ago. What does this mean and why wasn't I notified?


Asked on 5/06/10, 7:22 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I can't tell you why it was dismissed or why you weren't notified. Any documents filed with the court in a case in which a defendant has filed an answer or other responsive pleading should be served by mail on that defendant. You might want to go to the court and take a look at the physical paper file to see what happened. Typically, these dismissals are made without prejudice, which means that they can be filed again if not barred by the statute of limitations.

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Answered on 5/11/10, 7:48 am
Anthony Roach Law Office of Anthony A. Roach

If it is dismissed it means the case is over. It would appear from your situation that you were the defendant. If you were the plaintiff and hired an attorney, and your case was dismissed and he did not tell you, you have big problems, and I would suggest talking to a new attorney, right away.

If you were the defendant, and were representing yourself, the court may have served the plaintiff with a notice, and never served you. You would have to look at the actual dismissal to determine whether the dismissal is with prejudice or without prejudice. If the dismissal was with prejudice (which is rare) then the plaintiff is barred from suing you again. (Technically he can file papers, but you can raise the issue of the earlier dismissal and have the new case dismissed.)

I would need more information to give you a definitive answer.

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Answered on 5/11/10, 8:13 am


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