Can we ask the Court to change from dismiss without prejudice to with prejudice?

Asked over 1 year ago - San Jose, CA

Dear Sir or Madam,
I was sued by collection agency, before the case went to trial, CA filed the motion to dismiss without prejudice. I did not file counter claim against the CA. Could I still show up at the trial date and ask Judge to dismiss with prejudice after showing all the evidences? This case was limited.
Thank you,

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . The dismissal was likely without prejudice because it was requested voluntarily by the plaintiff. If the motion has been granted there is no trial to "show up" for, and no opportunity to present any evidence. Unless both parties agree to a dismissal with prejudice (meaning it can't be refilled) which is sometimes part of a settlement process, it would be rare for the dismissal to be with prejudice. In the event that the plaintiff moved to dismiss because you have convincing evidence in your favor, it is doubtful the case will be refilled.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. John Noah Kitta

    Contributor Level 19


    Lawyer agrees


    Answered . I agree with attorney Paula Brown Sinclair. The plaintiff has a right to dismiss without prejudice. To dismiss with prejudice, it is their case, and if they want to end the case, they can do so; period. You are not a participant in that decision unless you are a part of a negotiated settlement. In other words, the answer is a straight out NO.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  3. Kevin Samuel Sullivan


    Contributor Level 20

    Answered . Plaintiff had the absolute right to dismiss the case without prejudice prior to trial. This gives them the right to refile the lawsuit again at a later date as long as the statute of limitations has not expired.

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