Form CA CIV-110 PDF Details

Filing a Request for Dismissal using the California Civil Form 110 is a crucial step for many legal proceedings within the state's court system. Serving the needs of attorneys or parties navigating the legal landscape without legal representation, this form outlines the specifics for formally requesting the dismissal of a case from the Superior Court of California. It necessitates detailed information including the name and contact details of the filing party, the case number, and the specific dismissal request—whether it be with prejudice, without prejudice, or targeting specific complaints or parties. Pinpointing its exclusions, the form cannot be employed for dismissing class actions or derivative actions in their entirety, or partially, such as for specific causes of action or parties within a class action scenario, indicating its targeted use and legal bounds. Additionally, it includes a section on court fees and costs, touching upon the scenarios where fees had been waived and the court's potential recovery of these fees from settlements or judgments of $10,000 or more. Understanding this form's purpose, limitations, and the procedural implications of its filing, including potential reasons for non-acceptance by the court, is vital for parties aiming for a successful motion to dismiss.

QuestionAnswer
Form Name Form CA CIV-110
Form Length 2 pages
Fillable? No
Fillable fields 0
Avg. time to fill out 30 sec
Other names court dismissal, dismissal request form, civ110, request dismissal

Form Preview Example

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO. (Optional):

 

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

REQUEST FOR DISMISSAL

CIV-110

FOR COURT USE ONLY

CASE NUMBER:

A conformed copy will not be returned by the clerk unless a method of return is provided with the document.

This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.)

1. TO THE CLERK: Please dismiss this action as follows:

a. (1)

 

With prejudice

(2)

 

Without prejudice

b. (1)

 

Complaint

(2)

 

Petition

 

 

(3)

 

Cross-complaint filed by (name):

 

(4)

 

Cross-complaint filed by (name):

 

(5)

 

Entire action of all parties and all causes of action

 

(6)

 

Other (specify):*

 

 

 

 

 

 

 

2.(Complete in all cases except family law cases.)

The court

 

did

 

did not waive court fees and costs for a party in this case.

on (date):

on (date):

(This information may be obtained from

the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME OF

 

ATTORNEY

 

PARTY WITHOUT ATTORNEY)

*If dismissal requested is of specified parties only of specified causes of action only, or of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed.

 

 

 

(SIGNATURE)

Attorney or party without attorney for:

 

 

Plaintiff/Petitioner

 

 

Defendant/Respondent

 

 

 

 

 

 

Cross Complainant

 

 

 

 

 

 

 

 

3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date:

(TYPE OR PRINT NAME OF

ATTORNEY

PARTY WITHOUT ATTORNEY)

(SIGNATURE)

**If a cross-complaint – or Response (Family Law) seeking affirmative relief – is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or (j).

Attorney or party without attorney for:

 

 

 

Plaintiff/Petitioner

 

 

Defendant/Respondent

 

 

 

 

 

 

Cross Complainant

 

 

 

 

(To be completed by clerk)

4.

Dismissal entered as requested on (date):

5

6.

Dismissal entered on (date):as to only (name):

Dismissal not entered as requested for the following reasons (specify):

7.a.

b.

Attorney or party without attorney notified on (date):

Attorney or party without attorney not notified. Filing party failed to provide

a copy to be conformed

 

means to return conformed copy

Date:

Clerk, by

 

, Deputy

 

 

Page 1 of 2

 

 

 

Form Adopted for Mandatory Use

Judicial Council of California CIV-110 [Rev. Jan. 1, 2013]

REQUEST FOR DISMISSAL

Code of Civil Procedure, § 581 et seq.; Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 www.courts.ca.gov

CIV-110

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS

If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.)

Declaration Concerning Waived Court Fees

1.The court waived court fees and costs in this action for (name):

2.The person named in item 1 is (check one below):

 

a.

 

not recovering anything of value by this action.

 

 

b.

 

recovering less than $10,000 in value by this action.

 

 

 

 

 

c.

 

recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)

 

 

 

 

3.

 

All court fees and court costs that were waived in this action have been paid to the court (check one):

 

Yes

 

 

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

No

(TYPE OR PRINT NAME OF

ATTORNEY

PARTY MAKING DECLARATION)

(SIGNATURE)

 

CIV-110 [Rev. January 1, 2013]

REQUEST FOR DISMISSAL

 

Page 2 of 2

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