Legal Question in Civil Litigation in California

In California Civil Court, If a case is dismissed "with-out prejudiced" by request of the plaintiff, is there a statute of limitations for refiling the case? If so, what is the limit?


Asked on 12/05/10, 9:16 am

2 Answers from Attorneys

The same as if the complaint had never been filed in the first place.

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Answered on 12/10/10, 11:42 am
Anthony Roach Law Office of Anthony A. Roach

The statute of limitations is determined by the underlying nature of the case. As Mr. McCormick says, the dismissal without prejudice means the underlying statute of limitations is running as if the case had never been filed.

The statute of limitations for breach of a written contract is four years. It is two years if the contract is oral. Personal injury actions are governed by a two year statute. You may want to repost with the specifics of the underlying claim for a definitive response on what statute of limitation applies.

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Answered on 12/10/10, 12:32 pm


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