Legal Question in Medical Malpractice in California

Re: Attorney dismissal of a lawsuit

Thanks for your question. Yes, an attorney representing a party (or the party itself if self-represented) can file a Request for Dismissal with the Court either with prejudice (the case can never be reinstated), or without prejudice (it may be revived). However, it generally may not be revived after the statute of limitations has expired, which is a little tricky to calculate in some situations. Please feel free to contact me if you need further information and good luck.

Re: Attorney dismissal of a lawsuit

Your attorney may NOT dismiss a case without your permission. It MAY be able to be reinstated.

Joel Selik

www.seliklaw.com

Re: Attorney dismissal of a lawsuit

If your attorney dismissed the case without your consent you must make a motion to set aside the order of dismissal. You should have your case reviewed by a qualified med mal attorney. Meanwhile, you should get an attorney to make the motion for you right away since time is of the essence. An attorney can appear for the limited purpose of getting the dismissal set aside and the case reinstated. But, unless the attorney is willing to take on your case, you will probably have to pay the attorney for his or her time.

Re: Attorney dismissal of a lawsuit

Not without your permission, you need to act quickly if you want to have it reinstated. You may have an action against the attorney. Call me directly at (619) 222-3504.