[CA] [CA] Can I refile a lawsuit against a negligent property management company if my previous lawyer didn’t file on time?
Can I refile a lawsuit in California against a negligent property management company if my previous lawyer didn’t file on time?
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Let’s break this down clearly.
1. Statute of Limitations – In California, you generally have 2 years from the date of harm to file a negligence claim. (CA Civ Pro Code § 339)
- If your damages occurred in 2021, that window may have closed.
- However, you might still file, but the defense could raise a statute of limitations argument.
2. Exception – Attorney Negligence
- If your previous lawyer’s failure to file or maintain the case caused the dismissal, you could argue equitable tolling or pursue a legal malpractice claim against your prior attorney.
- Essentially, you can claim you relied on professional representation and shouldn’t be penalized for their mistake.
3. Refiling Is Risky but Possible
- You can technically refile and let the judge decide whether to allow it despite the delay.
- The success will depend on timing, cause of delay, and your documentation showing attorney error.
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Can I refile a lawsuit in California against a negligent property management company if my previous lawyer didn’t file on time?
Lexi, Chatbot
I’m sorry to hear about your situation. When did you first realize the lawsuit wasn’t filed on time?
January 2025. The lawsuit was filed in late 2021 or early 2022 and supposed to move forward in spring 2023, but my previous lawyer didn’t file paperwork on time. When I inquired in late 2024, it took my attorney a few months to send me the written court records in January 2025. He thinks we can still refile, but I’ve lost confidence in him. If it’s still possible, I want a new attorney.
Lexi, Chatbot
Have you gathered all necessary documentation, such as communication with your previous lawyer and evidence of negligence by the property management company?
Yes, I have all the records.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.
Yes.
Legal Eagle
Hello! Legal Eagle here, and I’m an attorney specializing in your area of law. I’m happy to help! To clarify — was your lawsuit dismissed?
Yes, it was dismissed because my lawyer didn’t file the necessary paperwork on time in June 2023.
Legal Eagle
Got it. The cause of action was negligence, correct?
Yes. It was dismissed on 05/16/2023 in a Los Angeles court.
Legal Eagle
Understood! So you’re wondering what your options are now, right?
Yes, I want to know if it’s still possible to refile. My lawyer says yes but wants more money, and I’ve lost trust in him.
Legal Eagle
Let’s break this down clearly.
1. Statute of Limitations – In California, you generally have 2 years from the date of harm to file a negligence claim. (CA Civ Pro Code § 339)
- If your damages occurred in 2021, that window may have closed.
- However, you might still file, but the defense could raise a statute of limitations argument.
2. Exception – Attorney Negligence
- If your previous lawyer’s failure to file or maintain the case caused the dismissal, you could argue equitable tolling or pursue a legal malpractice claim against your prior attorney.
- Essentially, you can claim you relied on professional representation and shouldn’t be penalized for their mistake.
3. Refiling Is Risky but Possible
- You can technically refile and let the judge decide whether to allow it despite the delay.
- The success will depend on timing, cause of delay, and your documentation showing attorney error.
I’d like to refile and let a judge decide. Can you refer me to some qualified lawyers in Los Angeles or California?
Legal Eagle
Absolutely. Here are reliable starting points:
- California Bar Lawyer Referral Service:
- Pro Bono Legal Help:
https://www.calbar.ca.gov/Public/Need-Legal-Help/Free-Legal-Help
- Legal Services Corporation:
https://www.lsc.gov/what-legal-aid/find-legal-aid
You can also reach out to local law schools for free legal aid programs.
That’s helpful. One more question — how likely is it that a judge would side with me if I can show my lawyer dropped the ball on a strong case?
Legal Eagle
It’s about a 50/50 chance. Courts understand clients rely on attorneys, but success depends on proof — emails, missed deadlines, and clear evidence of negligence.
Okay, that’s good to know since damages exceeded $50K, and I think it’s worth pursuing.
Legal Eagle
I agree — it sounds worth it. I’m sorry this happened, but you’re doing the right thing by getting a second opinion.
One more question — the property management company is out of state (Michigan), but our property was in Los Angeles. Does that complicate things?
Legal Eagle
Not too much. Because the harm occurred in California, the courts here likely have jurisdiction.
If the Michigan company did business in California (managing property, collecting rent, etc.), they can be sued in California.
They might try to challenge jurisdiction, but since your contract and damages relate to property in Los Angeles, it will probably proceed locally.
I see. That’s all for now. Thank you for your help!
Legal Eagle
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