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  1. #1
    Join Date
    Mar 2014
    Posts
    1

    Default Dismissing My Own Case Before Answers Are Filed, to Refile it Later

    My question involves court procedures for the state of: California

    I wish to dismiss my case without prejudice in order to file a different case with some of the same causes of action later. Two of the defendants, both corporations, have been served but have not answered. I have not filed the proof of service of summons and complaint to the court. I am aware that some of the causes of action will run the statute of limitations. I am also aware that I will have to pay new filing fees. I am OK with that. It has not yet been 60 days from the time I filed complaint to court (deadline to file proof of service).
    Is it necessary to serve the two defendants with the dismissal forms? If so, would I serve the Agents of Process, since I don't have any other opposing party information? Also, how long can I expect the process of dismissal to take?

    Thanks in advance.

  2. #2
    Join Date
    Jan 2014
    Posts
    118

    Default Re: Dismissing My Own Case Before Answers Are Filed, to Refile it Later

    Quote Quoting ngeiger67
    View Post
    My question involves court procedures for the state of: California

    I wish to dismiss my case without prejudice in order to file a different case with some of the same causes of action later. Two of the defendants, both corporations, have been served but have not answered. I have not filed the proof of service of summons and complaint to the court. I am aware that some of the causes of action will run the statute of limitations. I am also aware that I will have to pay new filing fees. I am OK with that. It has not yet been 60 days from the time I filed complaint to court (deadline to file proof of service).
    Is it necessary to serve the two defendants with the dismissal forms? If so, would I serve the Agents of Process, since I don't have any other opposing party information? Also, how long can I expect the process of dismissal to take? Thanks in advance.
    Why voluntarily dismiss the complaint under Section 581(c) of California's Rules of Civil Procedure when Section 472 allows you to amend it?

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