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Old 03-06-2008, 06:16 PM
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Dismiss "without prejudice"

What is the name of your state? CA

I am the defendant in a legal civil matter for a contract to pay distribute. The plaintiff filed a request to dismiss "without prejudice." I do not want them to sue again at a later date. Is there anything I can do to force them to dismiss "with prejudice" or file a motion that dismisses this case so that I cannot be sued again? Your help is appreciated.
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Old 03-06-2008, 06:31 PM
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Q: I am the defendant in a legal civil matter for a contract to pay distribute. The plaintiff filed a request to dismiss "without prejudice." I do not want them to sue again at a later date. Is there anything I can do to force them to dismiss "with prejudice" or file a motion that dismisses this case so that I cannot be sued again?


A: Since it is their lawsuit, there is nothing to keep them from dismissing it without prejudice. However, now would be a good time for you to settle it and you may be able to do it on favorable terms to you. Try more negotiation.
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  #3  
Old 03-06-2008, 06:55 PM
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Will have to agree with sernior judge on this one. If you don't want them to sue latter then settle it. You can try filing your own motion and request that judge dismiss with Prejeduce but you will have to have legal reasons

Good luck.
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