Legal Question in Real Estate Law in California

Re: Request for dismissal

If a case is dismissed "with prejudice," it means that you can never file another action against the same defendant(s) for the same transaction or occurrence. If you dismiss without prejudice, another complaint reltaing to the same transaction or occurrence can be filed against the same defendant(s), so long as the statute of limitation has not expired.

Re: Request for dismissal

"With prejudice" means you cannot refile the lawsuit...the case is over.

"Withour prejudice" means that you can refile the case if you want, assuming that the statute of limitation has not expired by the time you decide to refile.

Re: Request for dismissal

In this context, "prejudice" doesn't imply anything to do with discrimination; it carries the idea of pre-judgment. (That's the root of the word's use in connection with racial prejudice, however.)

If a case is dismissed "with prejudice" it means that the court, in dismissing it that way, has already made a judgment. Often, it isn't the court that has considered and decided the issues; it may be that the parties have settled and informed the court that they've settled, so the court accepts that and in effect "judges" the dispute without actually hearing it.

The previous answer explained the main legal effect of a dismissal with prejudice. There are a few other side effects of one versus the other as well. One of those is that in a disnissal without prejudice, there is no prevailing party and a plaintiff in a matter who might otherwise be liable for the defendant's attorney fees will ordinarily avoid liability.