Legal Question in Real Estate Law in California

Re: dismissing a law suit by prejudice

If you had a lawyer working on this litigation, it would mean that this litigation would be over. Feel free to consult with our CA attorney; he is experienced in real estate litigation, and this litigation shouldn't take long to end.

Re: dismissing a law suit by prejudice

When a case is dismissed "with prejudice" it means that the plaintiff cannot bring another lawsuit relating to the same facts and circumstances as the first action. This is true whether you had an attorney or not.

That having been said, if the plaintiff brings another lawsuit against you for different facts and circumstances, the plaintiff can probably "refer" to anything he or she wishes. To properly answer your question, you should arrange to meet with a real estate litigation attorney, and discuss your situation at length.

Re: dismissing a law suit by prejudice

When a lawsuit is dismissed "without prejudice," it simply takes the matter off the court's calendar and ends the lawsuit without deciding anything.

However, when a lawsuit is dismissed "with prejudice," the party that filed it is deemed to have had the issues raised in the suit decided adversely, and that plaintiff cannot relitigate the same issues in another future lawsuit.

So, defendants usually prefer dismissals with prejudice, since they don't have to worry about being sued again. Under some circumstances, a dismissal with prejudice can be better for the plaintiff as well. However, plaintiffs often prefer to have the right to re-open a matter if they discover new evidence or think of a new legal theory.

If the dismissal with prejudice comes after a settlement agreement, and a party fails to carry out its obligations under that agreement, the party can enforce the settlement agreement in a suit for its breach, but cannot re-open the case that was settled and dismissed.

If a dispute has been terminated by dismissal with prejudice, and it turns out that the dismissal was induced by fraud or mistake, it is sometimes possible to ask the court to set aside the dismissal and allow the matter to be re-opened or appealed, but the time-frame is short and it takes a sound reason.