Can I Dismiss My Case Due to Denial of a Motion to Compel Discovery?
Full Question:
Answer:
The answer will depend on all the facts and documents involved. A party may make a motion to dismiss or file a stipulation by the parties to dismiss the case when it is believed that evidence cannot be obtained to prove the claims made.
A case may be dismissed with or without prejudice. The phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. This means that the dismissal is no bar to bringing a new case.
If a dismissal is stated to be with prejudice, that means it the same claim cannot be refiled later. That dismissal is a judgment against the party "on the merits" of the case, and extinguishes the claim that was being sued over. However, this does not prevent an appeal to an appellate court. We suggest consulting a local attorney who can review all the facts and documents involved.
Please see the following CA statute:
581. (a) As used in this section:
(1) "Action" means any civil action or special proceeding.
(2) "Complaint" means a complaint and a cross-complaint.
(3) "Court" means the court in which the action is pending.
(4) "Defendant" includes a cross-defendant.
(5) "Plaintiff" includes a cross-complainant.
(6) "Trial." A trial shall be deemed to actually commence at the
beginning of the opening statement or argument of any party or his or
her counsel, or if there is no opening statement, then at the time
of the administering of the oath or affirmation to the first witness,
or the introduction of any evidence.
(b) An action may be dismissed in any of the following instances:
(1) With or without prejudice, upon written request of the
plaintiff to the clerk, filed with papers in the case, or by oral or
written request to the court at any time before the actual
commencement of trial, upon payment of the costs, if any.
(2) With or without prejudice, by any party upon the written
consent of all other parties.
(3) By the court, without prejudice, when no party appears for
trial following 30 days' notice of time and place of trial.
(4) By the court, without prejudice, when dismissal is made
pursuant to the applicable provisions of Chapter 1.5 (commencing with
Section 583.110).
(5) By the court, without prejudice, when either party fails to
appear on the trial and the other party appears and asks for
dismissal.
(c) A plaintiff may dismiss his or her complaint, or any cause of
action asserted in it, in its entirety, or as to any defendant or
defendants, with or without prejudice prior to the actual
commencement of trial.
(d) Except as otherwise provided in subdivision (e), the court
shall dismiss the complaint, or any cause of action asserted in it,
in its entirety or as to any defendant, with prejudice, when upon the
trial and before the final submission of the case, the plaintiff
abandons it.
(e) After the actual commencement of trial, the court shall
dismiss the complaint, or any causes of action asserted in it, in its
entirety or as to any defendants, with prejudice, if the plaintiff
requests a dismissal, unless all affected parties to the trial
consent to dismissal without prejudice or by order of the court
dismissing the same without prejudice on a showing of good cause.
(f) The court may dismiss the complaint as to that defendant when:
(1) Except where Section 597 applies, after a demurrer to the
complaint is sustained without leave to amend and either party moves
for dismissal.
(2) Except where Section 597 applies, after a demurrer to the
complaint is sustained with leave to amend, the plaintiff fails to
amend it within the time allowed by the court and either party moves
for dismissal.
(3) After a motion to strike the whole of a complaint is granted
without leave to amend and either party moves for dismissal.
(4) After a motion to strike the whole of a complaint or portion
thereof is granted with leave to amend the plaintiff fails to amend
it within the time allowed by the court and either party moves for
dismissal.
(g) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made under the
applicable provisions of Chapter 1.5 (commencing with Section
583.110).
(h) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made pursuant to
Section 418.10.
(i) No dismissal of an action may be made or entered, or both,
under paragraph (1) of subdivision (b) where affirmative relief has
been sought by the cross-complaint of a defendant or if there is a
motion pending for an order transferring the action to another court
under the provisions of Section 396b.
(j) No dismissal may be made or entered, or both, under paragraph
(1) or (2) of subdivision (b) except upon the written consent of the
attorney for the party or parties applying therefor, or if consent of
the attorney is not obtained, upon order of dismissal by the court
after notice to the attorney.
(k) No action may be dismissed which has been determined to be a
class action under the provisions of this code unless and until
notice that the court deems adequate has been given and the court
orders the dismissal.
(l) The court may dismiss, without prejudice, the complaint in
whole, or as to that defendant when either party fails to appear at
the trial and the other party appears and asks for the dismissal.
(m) The provisions of this section shall not be deemed to be an
exclusive enumeration of the court's power to dismiss an action or
dismiss a complaint as to a defendant.
581c. (a) Only after, and not before, the plaintiff has completed
his or her opening statement, or after the presentation of his or her
evidence in a trial by jury, the defendant, without waiving his or
her right to offer evidence in the event the motion is not granted,
may move for a judgment of nonsuit.
(b) If it appears that the evidence presented, or to be presented,
supports the granting of the motion as to some but not all of the
issues involved in the action, the court shall grant the motion as to
those issues and the action shall proceed as to the issues
remaining. Despite the granting of the motion, no final judgment
shall be entered prior to the termination of the action, but the
final judgment in the action shall, in addition to any matters
determined in the trial, award judgment as determined by the motion
herein provided for.
(c) If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as an
adjudication upon the merits.
(d) In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on the
basis that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
581d. A written dismissal of an action shall be entered in the
clerk's register and is effective for all purposes when so entered.
All dismissals ordered by the court shall be in the form of a
written order signed by the court and filed in the action and those
orders when so filed shall constitute judgments and be effective for
all purposes, and the clerk shall note those judgments in the
register of actions in the case.
