Legal Question in Personal Injury in California

Dismiss without prejudice

I am in the midle of a case and my lawyer dropped me. I am the plaintiff.Can I ask the judge to dismiss the case without prejudice and for me to be able to refile at another date when I find an attorney to represent me? If yes, then what kind a motion do I need to file for all this to happen


Asked on 12/12/10, 10:23 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I'm sorry your lawyer dropped you. You can file and serve a Request for Dismissal which -must- have the box checked "Without Prejudice." Preferably you should consult with lawyers first. You must also make sure you have time on the statute of limitations clock. If your former lawyer filed on or near the last day of the statute, then you must not dismiss your lawsuit, because it may be too late for you to refile. Also it costs $395 to refile (your former attorney paid the filing fee already) ; and the defendant will be entitled to court costs. There are other considerations. Please do write or call with more.

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Answered on 12/17/10, 10:33 pm
George Shers Law Offices of Georges H. Shers

Mr. Stone is entirely correct that you can but probably should not dismiss the case. You need to tell us in what stage the case is--set ofr a trial in a few weeks, nothing happening for next 3 months, etc.

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Answered on 12/17/10, 11:59 pm
Joe Marman Law Office of Joseph Marman

Also, your dismissal can be deemed a conclusion in the opoposing party's favor, and they can come after you for their costs.

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Answered on 12/18/10, 10:18 am


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