Legal Question in Personal Injury in California

when the plaintiff withdraws is that a case dismissed without prejudice(civil case)


Asked on 5/29/17, 10:50 pm

1 Answer from Attorneys

McCall Baugh McCall Baugh, A Professional Law Corporation

If there is only one plaintiff, the plaintiff can't simply "withdraw." If you want to withdraw, the correct term is "dismissal" of the action. In essence, you are withdrawing the lawsuit, not the plaintiff. If you file the motion to dismiss without prejudice, you can likely bring the case back again before the statute of limitations expires. If you file with prejudice, you cannot bring the same lawsuit against the same defendant at a later date.

* Note: this is a very very quick overview. Your situation may call for different actions or may result in a different outcome.

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Answered on 5/30/17, 9:39 am


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