Legal Question in Civil Litigation in California

Re: Without Prejudice

Without prejudice means that, if you later discover some information that supports a lawsuit against that person, you can re-file the complaint or bring them back into the suit. With prejudice means that they're dismissed forever. The danger of dismissing with prejudice without getting a written agreement with the dismissed party is that you conceivably could be required to pay their litigation costs and perhaps attorney's fees.

Re: Without Prejudice

A dismissal without prejudice gives you the option of reinstating your claims against that defendant later -- assuming that the applicable statute of limitations has not run in the meantime and that you have not otherwise waived your rights. A dismissal with prejudice ends your claim against the defendant permanently.

Be careful about dismissing a defendant if you don't have a settlement agreement in place. Depending upon the circumstances, the defendant may be able to turn around and sue you for malicious prosecution.