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If I filed a quiet title action, and am now stipulating to that action being dismissed with prejudice, does the 'with prejudice'

Oroville, CA |

If I filed a quiet title action, and am now stipulating to that action being dismissed with prejudice, does the 'with prejudice' mean that I'm barred from filing another quiet title action against that party, or that I'm barred from filing any other lawsuit/action against that party? I think it's the former, but want to make sure.

Attorney Answers 1


  1. "Dismissed with prejudice" would ordinarily be understood as any and all causes you possibly could have asserted based upon the facts or transactions that you alleged in the complaint and all matters which you reasonably could have asserted based on the facts alleged in the complaint. It would not be restricted to any particular cause of action such as the cause of action for quiet title. Should any later lawsuit against the same party be contemplated, it had better be something very new and different upon other facts and/or transactions. Definitely consult with counsel prior to contemplating or commencing any new action involving the same party.
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    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.