Legal Question in Medical Malpractice in California
Motion to have complaint dismissed without prejudice
My Small Claims Court complaint was postponed at the hearing until I provided and Expert Witness (even though I had a letter that spoke to expert testimony). My question is: Can a Plaintiff file a motion to have the complaint dismissed without prejudice? If so, could I open the case in the future either in Small Claims or Superior Court? I wish to do this because I am having great difficulty finding legal help in terms of defining Expert Witness specific to my case; I am completely confused and need time to continue looking for an Attorney's help. Thank you. Karen
1 Answer from Attorneys
Re: Motion to have complaint dismissed without prejudice
You can simply file a document with the clerk dismissing the case without prejudice. No motion is required.
The statute of limitations is one year from the date you discovered or should have discovered the injury and its negligent cause.
If you want, call me or email me and explain the injury. If it is sufficient to justify a med mal case we are willing to review the case for consideration of bringing the action for you. But, base upon the fact that you brought this in small claims court, it makes me think that it is not a bad enough injury to justify the time and expense of a Superior Court action. You can read my other posts on the issue to understand why.
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