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Can he Re-filed same Complaint?????

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betmart

Junior Member
What is the name of your state (only U.S. law)? CA Last Sept I had a Complaint and lis pendens filed against my property. Won with demurrer for Statute of Limitations and Complaint dismissed and lis pendens withdrawn late Feb. On April 1 the same person re-filed the exact same lis pendens. Have not received the Complaint yet (how long does he have to get it to me?), but assume it also is the same. Assigned to a different judge than the first case. Should we ask to be moved back to the previous judge and if so how do we do that. Or is it not that important? CCP states that once a lis pendens has been expunged, the claimant may not record another "without leave of the court" .. What exactly does this mean, because I am pretty sure he already filed it with the County Recorders office. I am trying to sell my house. Am thinking once we actually see the Complaint, an ex-parte motion to dismiss or strike the Complaint and to expunge the new lis pendens would be the way to proceed to get it resolved quickly. Any advice would be appreciated. Thanks
 



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