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  1. #1
    SL123 is offline Junior Member
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    Dismissed Case With Prejudice, Appeals, Higher Courts?

    CA

    When a civil complaint for damages in superior court is dismissed with prejudice and the 60-180 day time frame to appeal has passed; is there any way to revive, appeal, re file, etc the causes of action for damages?

    Can a case that has been dismissed with prejudice ever be reopened? What if new evidence is discovered that warrants reconsideration and the original statute of limitations to file such claim has not yet expired?

    Can it be appealed or a new case filed in Federal Court?, a new case, with different defendants but naming the dismissed defendants as willing and benefiting participants?

    The original complaint was filed as a civil fraud case against private individuals. However, the plaintiff now realizes that it is actually a Constitutional Civil Rights case Under Color of State Law. 1st, 5th, and 14th amendment constitutional rights were violated.

    Is there any way to revive this case or the causes of action?

    ThanksWhat is the name of your state?
  2. #2
    stephenk is offline Senior Member
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    why was it dismissed with prejudice instead of without prejudice?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  3. #3
    SL123 is offline Junior Member
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    Dismissed

    The case was dismissed with prejudice without the plaintiff realizing it was dismissed. Plaintiff filed a request to the court to send case immediately to mediation in response to an order to show cause why case has not been mediated and received letter from court stating case was dismissed. Basically, Defendants’ lawyers, their insurance company, who should not have been representing them in the first place knowing they were committing fraud was able to get monetary sanctions against plaintiff for failure to respond then waived sanctions in exchange for dismissal with prejudice. Plaintiff never knew any of this was going on. Plaintiff never had a single conversation with Defendants’ lawyer. Defendants’ lawyer never made sure that Plaintiff ever received any of his documents.
  4. #4
    stephenk is offline Senior Member
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    "then waived sanctions in exchange for dismissal with prejudice."

    So you agreed to the dismissal with prejudice in exchange for the defendants not seeking payment of the monetary sanctions from you, right?

    The initial court dismissal for failure to mediate was a dismissal without prejudice. You could have filed a motion to reinstate the case by explaining why you failed to mediate the case. You would be sanctioned monetarily but your case most likely would have been reinstated.

    Once you agreed to dismiss with prejudice in exchange for not having to pay sanctions, you don't have any recourse to now try and get the deal set aside.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  5. #5
    SL123 is offline Junior Member
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    Dismissed

    Plaintiff never waived anything, never agreed, and never had any interaction with Defendant's lawyer. Basically, Defendant's lawyer had a written dialog by himself and filed docs that plaintiff never received. Defendant's lawyer stated plaintiff defaulted and ordered sanctions. plaintiff did not pay sanctions because plaintiff didn't know about them. Then defendant waived sanctions in exchange for case being dismissed.
    Defendeants lawyer did this all on his own with no participation of plaintiff.

    The court never dismissed. The court ordered to show cause and plaintiff responded by stating that plaintiff was actively searching for the right lawyer and requested the case be ordered to mediation.
    Plaintiff expected to go into mediation but Court informed plaintiff that the case was dismissed because Defendant's lawyer filed docs saying it was dismissed.

    If plaintiff files complaint with state bar that Lawyer acted wrongly and state bar finds merit, could this be grounds to re-open case or change status to without prejudic?
  6. #6
    Rexlan is offline Senior Member
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    Quote Originally Posted by SL123 View Post
    If plaintiff files complaint with state bar that Lawyer acted wrongly and state bar finds merit, could this be grounds to re-open case or change status to without prejudic?
    NO ... and the state bar's are a joke for the most part.

    They will NEVER sanction a member in favor of you, a non-member. Will not happen. It is a pretty tight club.

    You have too much Plaintiff/Defendant in your recitals which really don't make much sense. Better if you just go see an attorney like you should have done in the first place.
    Good luck.
  7. #7
    SL123 is offline Junior Member
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    There's always a way

    Using Plaintiff Attorney was the easiest way to describe that situation because it is not my case but related to mine. I was just wondering if there was a quick answer to hope regarding a case dismissed with prejudice. There is always a way when warranted and one is able to pay the price.

    I know that all cases are different and I have spoken to many attorneys and have retained attorneys in the past. I gotta say, my attorney searching experience in this matter is almost as frightening as my current legal dilemma and in observing cases like mine; I have concluded that having the wrong lawyer seems worse than abandoning the case.

    Although the evidence is clearer than air, my particular case involves fighting government corruption and I have come to the realization that until law enforcement or government intervention does their job, all of the cases similar to mine cannot prevail. It is a gross injustice.

    In one specific case, the City Attorney’s office spent over $500,000 USD within months in a prosecution that has now been determined by Superior Court Judge as having no merit. It was actually fraud. The determination was not made until the defendants (who spent equally as much to defend themselves and in unwarranted fines ) were forced into settlement to give up all rights to claims against the city just to keep their home. They have lost everything else.

    There are numerous stories like this…

    It is very disheartening to hear confirmation from you regarding the State Bar.
  8. #8
    stephenk is offline Senior Member
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    "The court ordered to show cause and plaintiff responded by stating that plaintiff was actively searching for the right lawyer and requested the case be ordered to mediation."

    you appeared in court before the judge and stated the above? If yes, what did the court order at that time? Was a further hearing scheduled to make sure the case was mediated? if yes, did you appear at that hearing?

    your story doesn't make any sense. A defense attorney cannot represent to the court that a plaintiff wants the case dismissed. you as the plaintiff would need to be present in court and orally state you wanted the case dismissed or file the dismissal yourself. the other way would be if you failed to show up for another hearing and the court dismissed for your failure to be present.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  9. #9
    SL123 is offline Junior Member
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    Dismissed

    "The court ordered to show cause and plaintiff responded by stating that plaintiff was actively searching for the right lawyer and requested the case be ordered to mediation."

    Yes

    “you appeared in court before the judge and stated the above? If yes, what did the court order at that time? Was a further hearing scheduled to make sure the case was mediated? if yes, did you appear at that hearing?”

    No

    The court scheduled another hearing.
    Shortly afterwards, prior to hearing, court sent another notice that the hearing was cancelled because case was dismissed.

    “your story doesn't make any sense. A defense attorney cannot represent to the court that a plaintiff wants the case dismissed. you as the plaintiff would need to be present in court and orally state you wanted the case dismissed or file the dismissal yourself. the other way would be if you failed to show up for another hearing and the court dismissed for your failure to be present.”

    Plaintiff never appeared in court. Plaintiff wanted to appear and wanted mediation. The defense lawyer put in writing that plaintiff defaulted on one of his demands, got sanctions, then waived sanctions in exchange for case to be dismissed with prejudice. He did this all on his own. Plaintiff never knew what was going on.

    This is what I’ve been trying to say. The defense lawyer acted outrageously and unethically. I’ve been watching all sorts of crazy stuff like this taking place ever since this problem began.

    I tried to hire a reputable lawyer to write a Petition for Writ of Administrative Mandamus and could not find one who would do it. They all advised me not to waste time with the Writ and file a complaint against the city instead. I finally had to purchase the State Bar Writ Books and do it myself to meet my 90 day deadline. Other cases who did not file Writ and filed complaint against the city were served with an Anti-Slapp that demanded evidence of Writ. When they could not produce a Writ, they lost the case and had to pay all of the City’s giant legal expenses.

    Suing the city is different than a regular Civil complaint.
  10. #10
    stephenk is offline Senior Member
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    What demand did you default on as claimed by the defense attorney?
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  11. #11
    SL123 is offline Junior Member
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    I think...

    It was for not going to deposition but plaintiff didn't know depositions were scheduled.

    Plaintiff didn't have a lawyer and Defendants were on their 3rd lawyer and defendant's insurance company kept telling plaintiff that the case was still under investigation.

    It was confusion.

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