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CA tolling of SOL in dismissal with and without prejudice


qbert
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i know that dismissal with predjudice provides that a defendant cant be sued again, wanted to get opinions on the case of dismissial without prejudice.

 

i searched a bunch for 'CA dismissal without predudice tolling' and couldnt find a clear answer, though i did find this ruling:

 

http://law.justia.com/cases/california/caapp4th/95/427.html

 

 

specifically

 

In stating that the plaintiff 'stops the running of the statute of limitations' by naming a party defendant in the complaint, the court manifestly intended to indicate that upon the filing of a timely complaint against a named party defendant the statute of limitations is eliminated as a means by which that defendant may ensure prompt prosecution of the claim against him. There remain to him for this purpose, however, the protections afforded him by sections 581a and 583 of the Code of Civil Procedure. When those protections operate to bring about a dismissal, the applicability of the pertinent statute of limitations is restored as if no action had been brought. [Citations.] In this respect the law of California is consistent with what has been stated to be the rule in the majority of jurisdictions. 'In the absence of a statute, a party cannot deduct from the period of the statute of limitations applicable to his case the time consumed by the pendency of an action in which he sought to have the matter adjudicated, but which was dismissed without prejudice to him.'" (Wood v. Elling Corp., supra, 20 Cal. 3d 353, 359, fn. omitted.)

 

seems that any voluntary plaintiff dismissal voids the tolling as if the case never happened. is that same for if the judge rules it dismissed?

 

I tried to research 581 and 583, but i dont really understand this:

583.350.  If the time within which an action must be brought totrial pursuant to this article is tolled or otherwise extendedpursuant to statute with the result that at the end of the period oftolling or extension less than six months remains within which theaction must be brought to trial, the action shall not be dismissedpursuant to this article if the action is brought to trial within sixmonths after the end of the period of tolling or extension.
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