What does it mean when a motion to dismiss is granted and the order does not specify "'with' or 'without' leave to amend?"

Asked over 3 years ago - San Luis Obispo, CA

Defendant's motion to dismiss was granted because I messed up on a procedural issue, but judge did not specify with or without leave to amend. Does this mean that as a Plaintiff, I could sue the Defendant again if I fix my complaint against the defendant as suggested by the court?

Attorney answers (3)

  1. Matthew Paul Krupnick

    Contributor Level 12

    Answered . I would need to know much more specific facts relating to your issue to be able to provide good advice. However, for informational purposes, if this was the first / original complaint that was dismissed, and the court did not specify that you do not have leave to amend, I would immediately file you amended complaint in compliance with the issues raised by the motion that prevailed against your original complaint. Courts generally should and do give litigants several chances to properly plead a complaint before dismissing it without leave to amend or with prejudice. This is especially true if the plaintiff is not represented by an attorney. I would recommend you contact an attorney immediately and get that amended complaint filed as soon as possible in case you have a chance of being able to cure the defects that the defendant and court found in your complaint.

    This response is not a substitute for the advice of an attorney. The facts of your personal situation, along with... more
  2. Robert Harlan Stempler

    Contributor Level 19

    Answered . Your posting is missing key facts to be able to answer, such as why did the court grant dismissal? What is the procedural issue that you messed up? Was this state or U.S. District Court? Also, how long ago was this dismissal entered? What motion was this that caused entry of dismissal?

    Robert Stempler (please see DISCLAIMER below)

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  3. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . I agree with Attorney Stempler. You need to clarify and provide more information in order to obtain a correct response to your question(s).

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,495 answers this week

3,299 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,495 answers this week

3,299 attorneys answering