Legal Question in Civil Rights Law in California

how do I reopen a dismissed case without prejudice in civil case? I am the plantiff? it ay be over 30 days I received the letter on jan 12

Asked on 2/08/17, 2:44 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It depends on why the case was dismissed. If you failed to appear for a hearing, you might file a motion to set aside the dismissal and include your signed declaration under penalty of perjury showing that your failure to appear was due to inadvertence, mistake, or excusable neglect. See Code of Civil Procedure section 473(b). You should set forth the specifics. If it was dismissed because you didn't respond to discovery, the same thing would apply although it might be a bigger hurdle. If it was dismissed because the defendant demurred and you hadn't established to the satisfaction of the court that the complaint was viable or you hadn't timely amended, that might be hard to overcome. If the case is important to you, you must consult with an attorney in your area immediately.

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Answered on 2/11/17, 1:09 am

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