What are the statute of limitations on civil cases that say dismissal without prejudice? 6 Answers as of May 05, 2014

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Law Offices of Frances Headley | Frances Headley
If a case has been dismissed without prejudice then the statute would be from the original date of the damage incurred by the plaintiff, unless there was a new incident that caused damage or the damage is being continually inflicted. You should consult an attorney to review all of the facts and assist you in determining if you still have a viable cause of action.
Answer Applies to: California
Replied: 5/5/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
The SOL on a case dismissed without prejudice is the same as the original SOL on the tort or the breach of contract. The filing if the lawsuit does not toll the SOL. In California, you have 4 years for a breach of contract and 2 years for a tort.
Answer Applies to: California
Replied: 5/1/2014
WEISSMAN LAW FIRM
WEISSMAN LAW FIRM | I.Donald Weissman
Different claims have different statutes of limitation. A negligence claim is two years from the date of the incident. Breach of oral contract (no writing) is two years from the breach. Breach of written contract is four years from the breach. Fraud is three years from the time of discovery or when a reasonable person would be on notice of the fraud. There are more. If a government agency or entity is involved the statues change. Consult with an attorney with your specific fact scenario to determine what statute of limitations may apply.
Answer Applies to: California
Replied: 5/1/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The same as if the case had not been filed.
Answer Applies to: Idaho
Replied: 5/1/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
The statute of limitations is not affected by a dismissal without prejudice, and instead depends on the nature of the claim. Typically four years from the date of a breach of a written agreement three years from the date of the occurrence of fraudulent conduct and two years from the date of a breach of an oral agreement.
Answer Applies to: California
Replied: 5/1/2014
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