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Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here motion to dismiss with prejudice-the claimant has NO privilege to refile the case. Its done.
dismiss without prejudice--the case has been set aside, but the plaintiff may open another suit on the same claim .
Some reasons to dismiss a case with prejudice include:
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The court based on evidence has ruled that dismissal with prejudice is warranted.This can be a situation where wrong party is named or cause of action is legally insufficient.
Here is California law on dismissals and the differences..
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