cunundrum69
Member
This is pertaining to the Civil Laws of the State of California and Federal Court.
I filed a civil action in Federal Court within the statute of limitations period. Something arose in the Court's order which informed me that I was needing to dismiss the present lawsuit and refile it for reasons not relevant to discuss here (Prisoner litigation reform act obligations i.e in order to avoid particular requirements of a pro se prisoner. etc.) This occurred after the statute of limitations had expired for the cause of action. Thankfully the Defendant's had been served with the lawsuit but had not yet filed an answer and I dismissed it without prejudice and refiled the lawsuit. The Defendant's filed a motion to dismiss alleging that the 2nd lawsuit was filed after the states statute of limitations had expired.
2006 Georgia State Code - 9-2-61(a) states: "When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal".
If this were the state of Georgia, it would be clear that I could have filed my lawsuit within 6 months after the dismissal of the first action. My question is whether or not the State of California has a similar code which would authorize the RENEWAL OF LAWSUIT PREVIOUSLY DISMISSED in the same manner as above? It is referred to by the government as a "State Renewal Statute". See: Geary v. City of Snellville, No. 06-12898, 2006 U.S. App. Lexis 27611 (11th Cir.). In this case the court states that the fact that the plaintiff had filed a prior lawsuit concerning the same incident did not toll (extend) the applicable statute of limitations, when the plaintiff never obtained service of process over the defendants in the prior action. Her second lawsuit, therefore, was barred by the statute of limitations, based on when it was filed.
I fortunately achieved the service of process on the defendants before I dismissed my first action. Therefore, the question of whether California State has a similar statute to the one I cited above under Georgia state law is relevant. If California has a State Renewal Statute like Georgia, then I should be O.K. Hence the need to ask this question:
Does California have a State Renewal Statute, similar to Georgia?
I filed a civil action in Federal Court within the statute of limitations period. Something arose in the Court's order which informed me that I was needing to dismiss the present lawsuit and refile it for reasons not relevant to discuss here (Prisoner litigation reform act obligations i.e in order to avoid particular requirements of a pro se prisoner. etc.) This occurred after the statute of limitations had expired for the cause of action. Thankfully the Defendant's had been served with the lawsuit but had not yet filed an answer and I dismissed it without prejudice and refiled the lawsuit. The Defendant's filed a motion to dismiss alleging that the 2nd lawsuit was filed after the states statute of limitations had expired.
2006 Georgia State Code - 9-2-61(a) states: "When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal".
If this were the state of Georgia, it would be clear that I could have filed my lawsuit within 6 months after the dismissal of the first action. My question is whether or not the State of California has a similar code which would authorize the RENEWAL OF LAWSUIT PREVIOUSLY DISMISSED in the same manner as above? It is referred to by the government as a "State Renewal Statute". See: Geary v. City of Snellville, No. 06-12898, 2006 U.S. App. Lexis 27611 (11th Cir.). In this case the court states that the fact that the plaintiff had filed a prior lawsuit concerning the same incident did not toll (extend) the applicable statute of limitations, when the plaintiff never obtained service of process over the defendants in the prior action. Her second lawsuit, therefore, was barred by the statute of limitations, based on when it was filed.
I fortunately achieved the service of process on the defendants before I dismissed my first action. Therefore, the question of whether California State has a similar statute to the one I cited above under Georgia state law is relevant. If California has a State Renewal Statute like Georgia, then I should be O.K. Hence the need to ask this question:
Does California have a State Renewal Statute, similar to Georgia?
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