Legal Question in Civil Litigation in California

Can I sue again

I lost a case against a defendant because I wasn't able to produce a document in court.

I don't know if the judge dismissed the case with prejudice or without. I don't know if the judge decided the judgement for the defendant.

Bottom line - I have the document, I want to sue the person again. Can I?

If it is possible, please leave contact information. I will pay a consultation fee.


Asked on 2/10/03, 7:58 pm

5 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Can I sue again

it would all depend, as you said, how your case was dismissed...with or without prejudice. i would have to examin the court dismissal to further advise you of your rights to a new trial, appeal, etc....

feel free to contact me with additional information asap.

[email protected]

562-743-1357

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Answered on 2/10/03, 8:31 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can I sue again

Thanks for your posting.

As you mentioned, it depends on whether or not your lawsuit was dismissed "with prejudice", meaning that you can't bring any related action against the same defendant again. This is a big issue, and you can check with the clerk's office to find out if it was with or without prejudice. If you file a lawsuit that was dismissed with prejudice again, you may subject yourself to sanctions, including paying the other party's attorneys fees, among others.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help if I can.

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Answered on 2/10/03, 8:49 pm
Adam Telanoff Telanoff & Telanoff

Re: Can I sue again

1. If the case was dismissed, then you need to know whether or not it was dismissed with prejudice. If yes, then you cannot re-file; if no, then you can... unless the statute of limitations has passed.

2. If a judgment was entered against you, you need to file a motion for a new trial. You only have 60 days to bring such a motion.

If you need more specific advice, please contact me directly.

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Answered on 2/11/03, 11:21 am
Frederick Choi Law Offices of Frederick H. Choi

Re: Can I sue again

Based on the limited information, it is difficult to determine if you can "sue again." Normally, after a judgment is entered, your only option is to appeal the decision. If you are in the area, please do not hesitate to contact our office for further consultation.

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Answered on 2/11/03, 1:35 pm
Larry Rothman Larry Rothman & Associates

Re: Can I sue again

If you fax me the document to 714 363 0229, I will advise you if it is with or without prejudice without charge. Please provide me with your phone number.

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Answered on 2/11/03, 4:22 pm


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