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Case dismissed without prejudice for failure to arbitrate (?)

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powgirly

Junior Member
What is the name of your state? CO

My company is in California, defendant lives in Colorado. My company went through Arbitration in 2005 and won against the defendant. Because she lives in CO, we had to file in a case in Small Claims court. After much run-around (mainly with defendant trying to quash alias summons twice and literally hiding - as told to us by the sherrif, she actually closed all the lights in her office and tried to hide) she finally got served. Defedant missed the opportunity to answer because she was "on vacation" - she filed motion to enlarge time and we answered in Early December 2006. In March 2007 we recieved a motion that our case was DISMISSED WITHOUT PREJUDICE! - the court apparently sent us an order to arbitrate (which still doesn't make any sense to me because we already won the arbitration in California in 2005!) and we didn't comply - because we never recieved any reply from the defendant.

I was told I can re-file the case - what are my other options and what are the risks of re-filing (case was dismissed because we didn't file the arbitration request in time - by January 30)
 


dcatz

Senior Member
Maybe it's just me, but this chronology is both hard to follow and confusing. I think the answer will be that your option is to re-file, but perhaps you could clarify a bit(?).

You arbitrated a dispute in '05. In CA. Was the arbitration by mutual agreement or was there written agreement requiring it?

Because she lives in CO, we had to file in a case in Small Claims court.
Why? What did her state of residence have to do with your choice of forum, and why was any filing done? In other words, did you sue someone in CO and the CO court ordered you to arbitrate pre-trial? That's what I infer from your post, but why sue, if you had prevailed in arbitration? Why not simply have the CA award confirmed as a CA judgment and then domesticate it in CO?

She missed the time to Answer but avoided a default by getting an extension of time (again, I infer), and you "answered" in Dec. '06. Answered what? Did she file a counter-claim? If not, you're the claimant. Why would you be "answering" anything?

Then you received a "motion" that the case was dimissed without prejudice. Well, it was probably an Order giving notice that the Court dismissed on its own motion, because it had ordered pre-trial arbitration and you (maybe both) didn't participate.

It doesn't make sense to you, because you had already arbitrated in CA. I agree, so why were you suing in CO?

And you didn't get "any reply from the defendant". If you mean she never responded in CO, despite being given an extension, why didn't you default her (assuming you had to sue her at all - which I still don't understand.)?

So, the answer to the only procedural thing I do understand is that you either have to re-file the case or persuade the Court to re-instate it for good cause and let it go forward from where it was at the time of dismissal with all new dates. If the Court will do the latter, your post suggests that you could then immediately request a default.

(But don't quote any of this, because I still can't figure out what went on.)
 

dcatz

Senior Member
Afterthought: Maybe my response is as confusing to you as the question was to me. If so, I apologize. Let me take a different approach. Here's what could have been done:
1. You have a dispute with a CO resident.
2. You have an agreement or requirement to arbitrate it in CA.
3. You arbitrate and you win.
4. If there is a provision for an appeal, you wait until that time expires.
5. You take your arbitration award to a CA court and have it confirmed as a CA judgment.
6. You domesticate your CA judgment in CO and you enforce it.

Why wasn't that done? Why can't it be done now? Why the bother with a CO Small Claims Court?
 

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