Can I Re-File My Dismissed Lawsuit?

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I personally filed a claim in Small Claims court in California for $5000. I was the plaintiff and lost. The real value of what I was suing for was worth $7500. Since I lost can I re-file a new claim for $7500.00 in a higher court or since I am owner of the business that actually owns the property I sued for, can my business file a new case in a higher court as the name of the business being the plaintiff. Basically what are my options to possibly have this case heard again?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

This would depend on why you lost the initial small claims action, and whether you could make a different type of claim. You can generally not take the same case to a different court after you lose. Sometimes, if you lost your case because of certain procedural reasons, the judge may have dismissed your case “without prejudice,” which may mean you can file your claim once you fix the procedural issues. You may also be able to file a similar claim against a different defendant, so long as you weren’t required to include that defendant in your first claim. Additionally, you may be able to file a different claim, so long as the underlying issues within the claim are different.

A civil litigation attorney will be able to advise you as to whether any of these exceptions may apply to your situation.



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Author: House Attorney