If the dismissal is filed with prejudice the litigant cannot sue again on the same cause of action. You need to fill out either one or two forms, depending on your situation.With prejudice. (2). A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. This HowTo Guide addresses obtaining a default judgment in a civil matter in San Bernardino County Superior Court. Read Saunders v. Cnty. Information and Frequently Asked Questions (FAQ) about Juvenile Probation from the San Bernardino County Probation Department. Information and Frequently Asked Questions (FAQ) about Juvenile Probation from the San Bernardino County Probation Department. A case dismissed without prejudice generally happens when the government's case is liable to collapse. If the court fails to do so, and if no exception to the rule has been granted, the defendant can file a motion to have the charges dismissed.