Legal Question in Civil Litigation in California

Dismissed case can you reistate?

I have a case that was dismissed for no reason. The case has really not gone anywhere due to no lawyer. Is it possible to get this case going again without having to refile? And how would I approach this? Case # 02C00845 Glendale court if you like to see summary.


Asked on 12/21/03, 2:25 am

3 Answers from Attorneys

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

Re: Dismissed case can you reistate?

if your case has been dismissed with prejudice, you may still be able to vacate the judgment thru a proper motion showing cause. if you would like a free phone consultation regarding the your legal options and rights here, email us directly with your contact information today.

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Answered on 12/21/03, 5:06 am
Larry Rothman Larry Rothman & Associates

Re: Dismissed case can you reistate?

A motion to set aside the dismissal can be made. Alternatively, if the case was dismissed without prejudie and the statute of limitations has not run, a new complaint can be filed. Please contact our office if you need further assistance.

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Answered on 12/21/03, 2:08 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Dismissed case can you reistate?

I have reviewed the docket for your case. It appears that the court sustained defendant's second demurrer without leave to amend. That operates as a dismissal with prejudice of your case. It appears that you never filed an opposition to the demurrer. Unfortunately, it seems that you did not have very good legal advice during the pendency of the case. Based upon the docket, only, you may not ever be able to refile the case. Good luck to you.

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Answered on 12/21/03, 2:57 am


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