Q: A summary judgment was granted to the defense with no prejudice does that mean I'm able to find a new lawyer.
How do I know if the statute of limitations is up? Is there a way to extend it if it is?
A: Statutes of limitation very by type of case (for example the time limit to sue for personal injury may be different than suing on a written contract or for medical malpractice). There are very limited ways in which to extend the limitations periods and it is very rare. The facts for each case, and the law of the state, has to be studied by a skilled attorney.
A: "Without prejudice" means the court is going to give you another chance to establish one or more disputed material facts.
A:
You may want to consult with an attorney on this - your question is not fully clear as to the details of what transpired. The defense was granted a summary judgment? That's usually something good for them, and not necessarily good for you. A favorable summary judgement outcome usually means the moving party tried to argue to the court that there was no triable issue as to the material facts of their position, on whatever the issue was - and they were successful - the court agreed with them.
Find a new lawyer? It could depend on what the issue that they succeeded in obtaining a summary judgment on was. An attorney consult should help you sort things out - that's between you and any attorneys you reach out to - it's outside the scope of this Q & A forum. Good luck
A:
If a summary judgment was granted to the defense with no prejudice, it means the case was dismissed, but you still have the option to refile the lawsuit. You may consider finding a new lawyer to represent you in any potential refiled case.
Regarding the statute of limitations, it is crucial to determine the specific type of legal claim you have, as different claims have different time limits. The statute of limitations in California can vary depending on the nature of the case. If the statute of limitations has expired, generally, it cannot be extended. However, there may be certain circumstances, such as tolling or equitable doctrines, that could potentially extend the statute of limitations. It is essential to consult with a California attorney to assess your specific situation and determine the applicable statute of limitations and any possible exceptions.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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