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.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.