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Since the Judge dismissed my California Civil Case without…

Since the Judge dismissed...

Since the Judge dismissed my California Civil Case without prejudice, Am I allowed to deduct the tolling time of the pendency of the original case? If the Judge dismissed it? If I dismissed it? Any difference?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Note. I have the expensive package with JA so I can ask unlimited questions. Actually, my three questions are part of the same issue. My case is in Orange County, California.

Lawyer's Assistant: Has anything been filed or reported?

Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have done two things simultaneously. The original case has been filed as a brand new case #***** Also, I have filed a motion for new trial based on errors in the original case. One of the two must be dropped. Which one and why?08 March 2018 07:10This is a medical malpractice case for neglect.

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Answered in 14 hours by:
3/9/2018
DamienJD
DamienJD, Attorney
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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A dismissal without prejudice by the Court, or a withdrawal of the complaint by a plaintifee

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Neither a dismissal without prejudice by the court or a withdrawal of the complaint by the plaintiff toll the statute of limitation.

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Most people would just refile the new complaint and begin the process rather than attempt to re-argue or appeal the original action because the Judge is permitting the plaintiff to file the new complaint. If though it is passed the statute of limitations already, and re-fling the complaint would be dismissed because it is outside the statute of limitation, then appealing or rearguing the first complaint would be an option.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Hello again:

I am checking in with you to see how things are going. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
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