Q: I am reading where President Trump sued the Wall Street Journal but the case has been dismissed “with prejudice.” Can you tell me what that means, with prejudice?
G.R., Seal Beach
A: It means the case was defeated, and cannot be refiled at the trial court level. Indications are President Trump will appeal the ruling, and if the appeal is successful, the case could be revived in whole or in part.
In sum, the expression “with prejudice” generally means the party who brought the lawsuit is barred from doing so again. It is final — the claims are dismissed. Further, it signifies that the party who was sued should not face the complaint further, and may be deemed the prevailing party, entitled to possibly recover certain legal costs.
If a case is dismissed without prejudice, on the other hand, it typically signifies the case could be refiled, perhaps with an amendment or correction of a defect. The adjudication in that event (without prejudice) does not finally decide the matter.
Q: We are defendants in a case, along with some other parties. Two times now, the court has granted challenges to the complaint, but in each instance, with leave to amend. How long does this go on? He can’t get the claims right, and we think has no valid claim, but the court lets him keep trying?
D.R., Pasadena
A: The right to amend a complaint, to modify a lawsuit, is liberally construed in California, but is not endless. A trial court will probably allow a party the chance to state a valid claim or claims, as opposed to striking or wholly ruling against a case after just one or even two challenges.
There is no set or concrete number of chances a party gets. The court’s decision turns on what is alleged, why one or more theories may not hold water, what defects are found, and if there is a possibility the problems could be remedied.
Specifically, leave to amend per California Code of Civil Procedure 437(a)(1) is authorized by the court “in furtherance of justice.” The rationale is that courts prefer to have cases tried on the merits. As such a litigant is given a reasonable opportunity to present his or her claims before the hammer falls.
Civil case basics
The California Courts have a self-help link online that is helpful on civil case basics: selfhelp.courts.ca.gov/civil-lawsuit.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.