Legal Question in Civil Litigation in California

Filed a case in small claims. Then submitted dismissal without prejudice because the defendant played hard to get and had a friend of theirs living in their house while they went to southern California. Ready to file again. Would I need to file exact same statement and documents I submitted the first time? Or is there some form I can file that will make the case active again? How do I reactive a case dismissed without prejudice?

Asked on 3/21/19, 3:33 pm

1 Answer from Attorneys

Gerald Dorfman Dorfman Law Office

Unless the dismissal was made because of some kind of error, which it does not sound like it was, you will need to file a new case. A dismissal without prejudice is still a dismissal, it just means you can bring another case for the same things as the one you dismissed. The new case must still be brought (filed) within the applicable statute of limitations.

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Answered on 3/21/19, 4:30 pm

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