Legal Question in Civil Litigation in California

If you dismissed the case without prejudice or if your time limits have not passed for filing, and if you have not provided the other party with a release, can can either restore the case or file another case.

If the case was dismissed, you must refile before the statute of limitations runs out. The time the case was on file before does NOT toll the limitations period; it is as if you had never filed.

You can do one of two things. The prior attorneys only mentioned one. You can file a motion to set aside the dismissal, and point out that it was a mistake. The other option, the one the prior attorneys mentioned, is to file another lawsuit if the statute of limitations has not run. Of course, that assumes that your original dismissal was without prejudice.