California Request for Dismissal — Form CIV-110

[Music] As Keith Davidson at Albertson and Davidson today we're going over the request for dismissal this is formed CI v110 this is the form that you're going to use to dismiss your lawsuit once you're done with the lawsuit once everything is over and either you have a judgment or you reached a settlement at some point your case must be dismissed and this is the form that you're going to use we're going to start off by going to the Judicial Council website just like we always do and under forms and rules we'll browse all the forms and today we're using the civil forms and any time you see a form that starts with C IV you know that you need the civil forms so we'll go down to sieve one one zero requests for dismissal now the California request for dismissal would be filled out by you if you're an attorney or even if you're an attorney if you're a party without an attorney you would just fill out and put your name at the top just like we do with all of our Judicial Council forms since I am an attorney I'm gonna put my state bar number and I'm gonna put the name of my firm and then I'll you can fill in the rest of the information your address telephone number definitely want your email address and the name of the party that you represent and we'll say we represent Nancy Jones and then the county where your lawsuit is pending so if you're in Los Angeles County you put that San Diego Orange County San Mateo San Francisco whatever county you're in just put it in there and then you need to put in the street and mailing address of that court you can find that information by going to the courts website and just filling that out now if you watched our video on notice of settlement you'll you'll know that this line of plaintiffs slash petitioner is the same as in the notice of settlement so we filed the notice of settlement first to notify the court that the case is settled but now we're going to type in so that the K case can be dismissed from court so we'll put in the name of the petitioner and the name of the respondent and then we're going to want to make sure that we fill in the case number so that the form can be filed in the proper case number obviously let's go down to number one and this is where the dismissal really happens so please dismiss this action as follows you can either dismiss with prejudice or without prejudice if you file a dismissal with prejudice that means that you can never refile the case it's as if the case went all the way to judgment and the case is over you can't refile it it's done if you despite if you dismiss your case without prejudice that means in theory you could refile your case at some point assuming that you're not beyond the statute of limitations period most settlement agreements have you settled your case require you to dismiss with prejudice because people don't want you filing your lawsuit all over again and so most of the time you're dismissing with prejudice but if you want to dismiss your lawsuit because for whatever reason you you don't want to take it forward and you didn't reach a settlement with the other side and you don't have a general release then you probably want to dismiss without prejudice next thick form wants to know are you dismissing a complaint or a petition a complaint is what we use in civil court for typical civil lawsuits a petition is what we use in probate court for Tresemme lawsuits and then you have to list whether there's any cross complaint filed so sometimes you'll file a lawsuit and somebody else will counter sue you you have to list that and you have to list the name of each of the cross complaints there could be multiple in some cases and then number five wants to know are you dismissing the entire action of all parties and all causes of actions so if you check number five the entire lawsuits over the whole thing you can also under number six specify something less than that so sometimes parties might just be dismissing one cause of action not the whole lawsuit if that's the case then you would check other and you can either explain what you're dismissing here or you can just type in see attached and then you can attach something that explains what it is you're dismissing on number two you have to say whether the court did or did not waive court fees and costs for a party in this case some people get few waivers if they don't have enough income they can file a request for a fee waiver with the court and then at the bottom here we're going to date it and then we're going to put the name of the attorney or the party without an attorney so if you don't have an attorney just put your own name in this case I'll put my name attorney and I'll sign it and then you have to say who you're the attorney for were the attorney for the plaintiff or petitioner now you'll see down here to the clerk this says consent to the above dismissals hereby given so if you have another party who has filed a cross complaint or a counter lawsuit they also have to file this dismissal and so you'll put their information down here date the name of that attorney's name and then they will also sign it and they will probably be the attorney for the defendant or respondent and then this final section is to be completed by the clerk so this is where the clerk actually enters the dismissal so either it'll be dismissed on a certain date and the clerk will fill out all of this information for you you don't have to number 4 through 7 you don't have to do any of that the clerk will fill that out for you and then down below we have a declaration concerning waived court fees so the court waived court fees and cost in this action for and so this is just whether or not somebody had a fee waiver again if that's the case then go ahead and fill that out and that's what you do the what the court wants to know is if they gave somebody a fee waiver and that person then recovered money as part of the lawsuit a part of the settlement then the court wants them to pay the fees after the fact so that's what this declaration is concerning so if you got a few waiver you have to fill it out if you didn't get fee waiver you don't have to worry about it you can just leave a blank and that's all there is to it once you get this filled out you will file it with the court and your case number and then the clerk will enter your dismissal and once that happens then your case is officially dismissed your lawsuit is over and you can go on with the rest of your life [Music] you.