What is the name of your state?
California.
In a Limited Civil Case, the Plaintiffs case was "Dismissed Without Prejudice" by the Judge because the Attorney did not show up for mediation, or to any of the two subsequent hearings. In other words "Failure to Prosecute".
My question is:
1.) Would this be considered a Voluntary Dismissal or a Non-voluntary Dismissal?
2.) Is there a Statute of Limitations (SOL) for them to refile?
3.) At what point, if any, should a motion be file to "Dismiss With Prejudice"?
Thanks.
Kcam
California.
In a Limited Civil Case, the Plaintiffs case was "Dismissed Without Prejudice" by the Judge because the Attorney did not show up for mediation, or to any of the two subsequent hearings. In other words "Failure to Prosecute".
My question is:
1.) Would this be considered a Voluntary Dismissal or a Non-voluntary Dismissal?
2.) Is there a Statute of Limitations (SOL) for them to refile?
3.) At what point, if any, should a motion be file to "Dismiss With Prejudice"?
Thanks.
Kcam