California settlement and court documents · Updated October 22, 2026
How do you dismiss a California injury lawsuit after settlement? Identify exactly which claims and parties are ending, confirm the agreed performance and any required approval, then use the appropriate dismissal procedure. CIV-110 is the Judicial Council’s Request for Dismissal form. It is not the same as a settlement release or a notice telling the court that settlement occurred.
Four documents with different jobs
| Document | Purpose | Important distinction |
|---|---|---|
| Settlement agreement or release | Sets the parties’ promises and identifies the rights being resolved. | A signed agreement does not by itself establish that payment or every other term is complete. |
| Notice of Settlement of Entire Case (CM-200) | Notifies the court of settlement and indicates relevant dismissal timing. | Filing a notice is different from obtaining entry of dismissal. |
| Request for Dismissal (CIV-110) | Requests dismissal with the specified scope and prejudice designation. | “Entire action” can reach farther than dismissal of one settling defendant. |
| Retained-jurisdiction order or other applicable settlement order | Addresses the court’s continuing role where authorized, including settlement enforcement. | A sentence in a private release should not be assumed to establish every necessary court procedure. |
Before preparing CIV-110: check scope and performance
- Read the executed settlement: identify the settling parties, claims released, required payments, other performance and agreed dismissal terms.
- Confirm the status of payment: distinguish a promised check, a received payment and confirmed performance. Review the actual agreement rather than applying a universal rule that every case must be dismissed at the same payment stage.
- Identify what remains pending: other defendants, cross-complaints, unresolved causes of action, lien proceedings or approval issues may affect the appropriate scope.
- Check authority and consent: signature, party-consent and court-order requirements can depend on the posture of the case. A form cannot override those requirements.
- Review the calendar: reconcile the settlement notice, court orders and Rule 3.1385 before filing.
With prejudice versus without prejudice
With prejudice generally means the dismissed claim cannot simply be filed again. Without prejudice does not decide the merits in the same way, but it does not restart a statute of limitations or guarantee that refiling is possible. The release, applicable law and court orders can create additional consequences.
Do not select a box merely because a sample form used it. The settlement may require a particular dismissal, and a proposed dismissal may need to address retained jurisdiction or other pending matters. Code of Civil Procedure § 581 supplies important dismissal rules and limits.
Example: settling with one driver in a multi-defendant case
What to review on the dismissal request
- Court and case: correct court, case number and caption.
- Prejudice designation: whether the dismissal is with or without prejudice.
- Scope: complaint, cross-complaint, entire action, specified parties or another accurately described request.
- Signatures and consent: required signatures, dates and any consent or court order needed in the case’s procedural posture.
- Court-fee waiver information: the form’s fee-waiver section and any related repayment issue, where applicable.
- Entry confirmation: the clerk’s completed information and any rejection or correction notice after submission.
Use the current official form and the court’s applicable filing instructions. Keep the complete filed document. An upload receipt is not always confirmation that the clerk accepted and entered the requested dismissal.
How long after settlement must the dismissal be filed?
California Rule of Court 3.1385 distinguishes settlement notice, dismissal and exceptions. Under subdivision (a), settlement of the entire case generally requires immediate written notice to the court and service on the specified recipients. Additional oral notice is required when a hearing, conference or trial is scheduled within 10 days.
Under subdivision (b), except for the conditional-settlement and minor or disability provisions in subdivisions (c) and (d), the party seeking affirmative relief generally must serve and file the request for dismissal of the entire case within 45 days after settlement. The rule also addresses court dismissal if the required request is not filed. Do not treat a distant hearing date as an automatic extension.
Conditional settlements
When specified performance required before dismissal will not occur within 45 days, subdivision (c) provides a conditional-settlement procedure. The notice must identify the dismissal date. Review the rule’s subsequent timing and any court order; “conditional” is not an indefinite hold on the case.
If settlement cannot be completed on time
Subdivision (e) requires a notice and supporting declaration showing good cause, explaining why dismissal cannot be completed and proposing an alternative date. They must be served and filed at least five court days before the time for requesting dismissal expires. Do not wait until the deadline has passed or assume a letter to opposing counsel changes the court calendar.
Children and persons requiring court approval
Subdivision (d) addresses settlement involving a minor or person with a disability when appropriate approval papers have been filed. The required approval process is separate from simply signing the settlement or a dismissal request. See our child-injury settlement guide.
What if the settlement still needs court enforcement?
Review CCP § 664.6 and the actual procedural posture. Current law provides mechanisms for enforcement and for dismissal without prejudice with retained jurisdiction in qualifying circumstances, including provisions involving conditional settlements. The applicable agreement, stipulation, motion or court order should be examined rather than assuming every dismissal has the same effect.
Do not copy an older settlement-enforcement clause without checking current law. Our retained-jurisdiction document guide identifies records to assemble; the controlling statute and orders govern.
After filing: verify what the court actually entered
Save the accepted, completed request or order, check the docket for the intended dismissal and follow any remaining service requirements. If the clerk rejects the form or the entry does not match the intended scope, address it promptly through the appropriate procedure. Do not assume an incorrect dismissal can always be undone.
Common dismissal questions
Does a notice of settlement dismiss the lawsuit?
No. Notice and dismissal are separate tasks. The notice triggers important case-management consequences and deadlines, but it is not a substitute for the appropriate dismissal request or court order.
Can a plaintiff dismiss a defendant’s cross-complaint?
Not simply by treating it as part of the plaintiff’s complaint. Cross-claims and requests for affirmative relief raise separate consent and authority questions under CCP § 581 and other applicable rules.
Should I dismiss while a settlement check is delayed?
Review the payment and dismissal terms, any retained-jurisdiction arrangement and the court calendar. If more time is needed, use the appropriate procedure rather than filing a dismissal solely to avoid a hearing.
Official forms and related guides
- Judicial Council CIV-110: Request for Dismissal.
- Judicial Council CM-200: Notice of Settlement of Entire Case.
- Requesting additional time to dismiss after settlement.
- Mandatory settlement conference statement.
- Liens, reimbursement claims and distribution accounting.
- County filing documents and procedural guides, injury checklists and personal injury representation.
For a review, bring the settlement agreement, release, payment correspondence, settlement notice, court orders, proposed dismissal and docket information. Contact Weiss Attorneys.
General information about California civil injury cases, not instructions for a particular lawsuit. The current law, case posture, court orders and required approvals control.
