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CIV-110 Guidance: Request for Dismissal (California)

The CIV-110 Request for Dismissal form is used in California when a party involved in a legal action wants to formally request the court to dismiss the entire case, specific parties, or particular causes of action from the proceeding. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-110

When completing form CIV-110, pay special attention to these less obvious sections:

Item 1a

With or Without Prejudice

Selecting 'With prejudice' means the case cannot be brought to court again, while 'Without prejudice' allows for the case to be refiled in the future. Consider your options carefully as this decision impacts the ability to pursue the matter again.
Item 1b

Type of Dismissal

Choose the type of dismissal carefully. If you're dismissing a cross-complaint, specific party, or just certain causes of action, ensure you clearly specify this under item 1b(6) 'Other (specify)'.
Item 2

Fee Waiver Declaration

If court fees and costs were waived, you must complete the declaration on the back of the form to clarify the status of recovery of fees. Ensure you have accurate financial details as this can affect lien satisfaction and dismissal acceptance.
Item 3

Consent Requirements

If a cross-complaint or a response seeking affirmative relief is on file, obtaining consent from the cross-complainant's attorney may be necessary. Check Code of Civil Procedure section 581(i) or (j) to verify if consent is required in your scenario.
Item 7b

Conformed Copy

To receive a conformed copy of your request, you must provide a method of return, such as a self-addressed stamped envelope. The court will not automatically return a conformed copy without this.

What to do after filing form CIV-110

1
Ensure that you have a conformed copy of the Request for Dismissal form for your records. A conformed copy should show the clerk's date-stamp, indicating it has been filed with the court.
2
Verify if any additional parties or attorneys involved in the case need to sign the consent section if you filed a dismissal of a cross-complaint requiring such consent.
3
Wait for a notification or confirmation from the court clerk, which will confirm whether the dismissal was entered as requested. This can take a few days depending on the court's processing times.
4
If you had court fees waived, ensure that you respond to any inquiries about waived fees, especially if the case involves a recovery exceeding $10,000, as the court may have a lien on the recovered amount.
5
Check the court's online case management system or contact the court clerk for updates on the status of the dismissal to confirm that the case has officially been dismissed.
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