I contracted with some guy for online marketing with $1800. while we working, this guy sent message he changed company

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Customer: Second opinion] I contracted with some guy for online marketing with $1800. while we working, this guy sent message he changed company for this marketing job without sending us any legal document. We suggested partial refund because we were already working seriously at that time. But this guy kept sending message like stallking on me to ask full refund $1800.. I disregarded this message. After some while, This guy filed small claim to ask $1800 full refund based on contract..Anyway, I refunded fully to make him signed on the agreement docu that he should dismiss this small claim and confirmed he got full refund..After check cashing, this guy didn't dismiss the small claim and he didn't even appear on the court hearing date on purpose.. So the small claim was dismissed..After small claim dismissed, this guy filed another civil lawsuit requesting $1800 again plus totally unrelated business loss $25000 lying all the things. So Is there any way to ask judge to dismiss this false new civil sue based on signed document and check cashing bank statement by saying
Section 11 of the Civil Procedure Code defines the doctrine of Res
Judicata, which prohibits relitigating the same issue which has been already settled in the
prior suit between the same parties. Section 11 of the Civil Procedure Code provides as
below:
“No Court shall try any suit or issue in which the matter directly and substantially in
issue has been directly and substantially in issue in a former suit between the same
parties, or between parties under whom they or any of them claim, litigating under the
same title, in a Court competent to try such subsequent suit or the suit in which such issue
has been subsequently raised, and has been heard and finally decided by such Court.” JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: What steps have you taken so far?
Customer: Orange County
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Answered by ErnestI810 in 12 hours 1 year ago
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ErnestI810
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ErnestI810, Expert

Hi. Thank you for using Just Answer! My name is*****'ve been an attorney for over 30 years. I can answer your question!
First, let me say that I understand that legal issues can be perplexing.  Often, they are emotional, as well.  Despite that, I am here to help. To make sure I give you the best information I can, I want to be sure I understand your question.
Please let me know if there are any additional details before I answer.
As I understand your question:  You settled your small claims court by paying $1800.  The plaintiff did not show up in court and the case was dismissed.  Now he has filed another case for the $1800 along with $25000.  You want to know if the first case precludes the second case which should be dismissed.
Is that correct? Let me know.

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ErnestI810, Expert

Are you ready to get started?
Be assured I will guide you through the process and answer your question.

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ErnestI810, Expert

May I know your first name so I can address you correctly?
By the way, this a text chat service. In some cases, a phone call is preferable. I am happy to speak personally if you feel that will be helpful.

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ErnestI810, Expert

While I wait for you to respond, let me say this - You are right in your view that the second case should be dismissed.  But it is not Res Judicata.  Res Judicata applies where the court has made a decision about the merits of your case.  It does not apply to a dismissal because a party failed to appear.

Your legal theory should be "accord and satisfaction."  Accord meaning you have made an agreement and satisfaction meaning you satisfied the plaintiff's claim by paying $1800.

Next, you have the "Entire Controversy Doctrine."  The ECD says your plaintiff had to assert all of his claims at the same time.  He cannot do it in two separae cases.

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ErnestI810, Expert

You said you had a signed document.  If you do, take that to court and ask the judge to dismiss based on Accord and Satisfaction and the Entire Controversy Doctrine.

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ErnestI810, Expert

The court should agree with you and it shoud dismiss the case.

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ErnestI810, Expert

Do you understand my answer? Do you need clarification or more information?
Let me know; I'm here to help, and we can continue chatting.
Please note - it would be helpful for you to consult a local attorney. You will find having a professional assist you will help tremendously. If you can't afford an attorney, get a free consultation. The free information you receive from a local attorney will make things easier for you.
Also, when you use Just Answer you always have the option to request a live phone conference with me. Talking can be very helpful.

Customer
Hello
Customer
Really appreciate for your great advice
Customer
I am very impressed with all your advice
Customer
I am living in orange county of california
Customer
Can I get help for this dismissal and further counter sue again this guy ?
Customer
I want to send request to dismiss this new false sue first and then I want to sue this guy asking up to $150,000 for my huge business loss
Customer
In this case, How can you help me and how much do you charge ? Due to Covid-19 Pandemic, I don't have enough money to hire expensive lawyer. Let me know as soon as possible
Customer
Thank You
Customer
Let me know about your email address also
Customer
When online, let's talk in detail
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ErnestI810, Expert

I am online.  We can talk all you like.  But it for help with the paperwork, would be in your be in your interest to consult a local lawyer who specializes ion your type of case.

A local lawyer will know the ins and outs of your courthouse. He or she may even know the disposition of the judge who is assigned to the case.  These little things can help a lot.  There is no real substitute for an attorney who has hands on experience in your courthouse.

Noe, that said, I repeat that I am here for and we can certainly continue the conversation.

Customer
I have one more question. I already responded to this guy false lawsuit very simply because I had to reply within 30 days..Can I send this dismissal request to court even after responding ?
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ErnestI810, Expert

You can move the court to dismiss the case even after you filed an answer.  But, keep in mind that a dismissal request would have to show there is no material fact between the parties and that the case, itself, has no merit.

In a motion  to dismiss you say to the judge there is no valid legal dispute and the claim of the other party has no merit.  Therefore, the court should not entertain it.

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ErnestI810, Expert

Do you understand my answer? Do you need clarification or more information?
Let me know; I'm here to help, and we can continue chatting.
Please note - it would be helpful for you to consult a local attorney. You will find having a professional assist you will help tremendously. If you can't afford an attorney, get a free consultation. The free information you receive from a local attorney will make things easier for you.
Also, when you use Just Answer you always have the option to request a live phone conference with me. Talking can be very helpful.

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ErnestI810, Expert

Please let me know if I can help you with anything else. Feel free to ask any follow up questions you have.  I am happy to continue the chat.
Also, I want to thank you so much for using Just Answers and allowing me to be your expert.
I will still be online to answer any follow up questions you have.
Please note: It is always helpful to consult a local attorney. He or she will know the law in your jurisdiction and the ins and outs of your court system and can help tremendously.
Let me know how it turns out!!!

Customer
Really appreciate for your great help ! I have one more question..about motion title..
Customer
Motion to dismiss request or Motion to amended answer , which one is better title for this motion docu ?
Customer
Really appreciate
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ErnestI810, Expert

It is more likely you will be permitted to amend your answer than that the judge will just dismiss the case. So I would use the Motion to Amend Answer.  They are different motions asking the court to do different things for you.

You could consider a motion to dismiss and in the alternative for permission to amend your answer.  That would cover both things and you can file that as one motion.

In your motion papers, you will argue the case should be dismissed because . . ., howcver if the court does not dismiss the case, you seek permission to amend your answer because . .

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ErnestI810, Expert

Do you understand.  You can ask for relief from the court in the alternative.

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