Legal Question in Civil Litigation in California

Small Claims in California: Can I re-file a small claims case I lost?

I filed the case, was ill and did not show up; despite substantial proofs submitted, I lost. I filed a motion to vacate, and lost. I feel that if the judge had even read the documentation I submitted, I would have automatically won. Not so. As I said, the motion to vacate was also denied. I feel this is a terrible injustice, in part due to my own infirmity (I was ill and did not show) Regardless! A former attorney told me that I can re-file the case in the same court. Is this true? Can I re-file the exact same case in the same small claims court in California?


Asked on 4/22/07, 3:01 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Small Claims in California: Can I re-file a small claims case I lost?

The general rule is that once the court has ruled on a particular case it cannot be reheard. If the court merely dismissed your case without prejudice you may be able to refile.

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Answered on 5/01/07, 8:00 pm


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