Legal Question in Real Estate Law in California

I lost a case for monetary claims in superior court who sustained defendants demurrer.

I am currently appealing the judgment in the appellate court who has not yet rendered a decision. Is the case then still open because of the appeal and therefore the statute of limitations are tolled? If so, can I re-file the complaint in federal court and then dismiss the state action without a statute of limitations issue


Asked on 4/29/14, 12:23 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

No. Dismissal of a case causes the underlying case to lose any tolling effect. A dismissal with prejudice would prevent you from refiling, and a dismissal without prejudice acts as though the case was never filed. Thus, your new case would have to be filed within the applicable statute of limitations, as if no prior case had ever been filed. You are also not allowed to refile to get around an adverse decision such as a demurrer.

Read more
Answered on 4/29/14, 2:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California