remove a dismissal of a pending lawsuit

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remove a dismissal of a pending lawsuit

I filed a lawsuit against my previous employer but the business was under his
wifes name. a mutual friend that is no longer a friend picked me up from my
house and drove me under the ruse that we were going out to eat his treat.
instead he drove me to the court house where my employer and his brother were
and told me if i wouldnt dismiss the case they would leave me there and
constantly ressured me till i finally gave in. is there a way to remove the
dismissal because i dont want to drop the lawsuit

Asked on December 4, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is no way to remove the dismissal, though if it was a dismissal without prejudice, you can re-file the case: "without prejudice" means without prejudice to, or giving up the right to, file your case again. Most voluntary dismissals are without prejudice: go to the courthouse clerk's office and ask for how this case was "marked" or recorded. If it is without prejudice, you can file again.
On the other hand, if the dismissal was with prejudice, the case is over and done--you cannot refile, and you cannot remove or vacate the dismissal. That is because what you describe is NOT duress in the eyes of the law. You could have simply ignored them and called a taxi, Uber, a friend, family, etc. for a ride home; and as for their "pressure," the other side in a lawsuit has the right to try to "pressure" or convince you to drop the case--like you have the right to ignore them. "Duress" in a legal perspective is the use of force or threats of force or other illegal behavior, like property damage, extortion, theft, etc. to make you do something. Pressuring you and refusing to give you a ride home is not legally duress, and in the eyes of the law, you voluntarily agreed to dismiss.


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