Legal Question in Civil Litigation in California

My civil case against me was dismissed without prejudice is there a statue of limitation on this judgement

Asked on 6/05/11, 2:28 pm

4 Answers from Attorneys

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

The case is over, and you won.

Probably they will not refile. If they do, they may have until (date of event + statute of limitations + duration of previous lawsuit) to file. Consult and pay a lawyer if you want a reliable opinion on the statute of limitations in your case.

If you incurred court costs (for example your filing fee) be sure and file and serve a memorandum of costs within 15 days after entry of the order of dismissal.

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Answered on 6/05/11, 2:53 pm

George Shers Law Offices of Georges H. Shers

You can look up what the applicable statutute of limitations is for each specific type of lawsuit.

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Answered on 6/05/11, 11:10 pm
Anthony Roach Law Office of Anthony A. Roach

I write separately to correct a statement made by Mr. Stone. The duration of the lawsuit that was dismissed without prejudice does not toll or extend the statute of limitations. A dismissal without prejudice is not res judicata and is not a bar to plaintiff filng a new lawsuit, as long as the statute of limitations has not run in the interim. "Moreover, a party's voluntary dismissal without prejudice does not come equipped by law with an automatic tolling or waiver of all relevant limitations periods; instead, such a dismissal includes the very real risk that an applicable statute of limitations will run before the party is in a position to renew the dismissed cause of action." (Hill v. City of Clovis (1998) 63 Cal.App.4th 434, 445.)

The legal effect on the statute of limitations is not an extension, but rather is treated as if the prior lawsuit was never filed.

Determining the specific statute of limitations depends on the theory and nature of the lawsuit that was filed against you, which is not clear from your post.

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Answered on 6/06/11, 8:55 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Roach gave you a very good answer. I would just add that what you got was NOT a judgment. A dismissal without prejudice means the case never happened for most purposes (the only exceptions being you might be entitled to costs of suit and maybe attorneys fees, depending on the exact details of the situation).

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Answered on 6/06/11, 10:33 am

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