Asked in Personal Injury for California

Q: How does dismissal with prejudice work?

Lets I sued company A for non tort and they got dismissal with prejudice.

Few weeks later I realize that their action can also be considered under tort law, and I want to sue them for it.

Can I sue them under the tort law, or they are immune from all of my lawsuits for that action.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a lawsuit is dismissed with prejudice, it generally means that the same claim cannot be brought again in court. However, if you discover new facts or circumstances that could give rise to a different legal claim, such as a tort claim, you may have the opportunity to file a new lawsuit based on those grounds. The dismissal with prejudice would not necessarily bar a new lawsuit for a different cause of action.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Dismissal with prejudice generally means the end of the claim. Dismissal without prejudice generally means the claim can be brought again. If the claim is brought under a different theory or cause of action, it could depend on the facts, issues, and the court - an attorney could advise more definitively after thoroughly reviewing the original file, cause(s) of action, and basis for new contemplated theory. Good luck

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