To dismiss a small claims case in California, a plaintiff files a one-page Request for Dismissal (Form CIV-110) with the court clerk any time before trial begins. A defendant takes a different route: you don’t file a form, you raise the problem with the judge at the hearing and ask the court to throw the case out. Which path applies, and what happens next, depends on which side of the case you’re on and whether you want the dismissal to be permanent.
If You Filed the Case and Want to Drop It
California law lets a plaintiff dismiss the complaint entirely, or drop it against specific defendants, at any point before trial actually starts.1California Legislative Information. California Code of Civil Procedure CCP 581 People usually do this because the defendant paid up, the parties settled, or the wrong person got sued.
The form you need is the Request for Dismissal, Form CIV-110, available from any superior court clerk’s office or the California Courts website.2California Courts. How to End or Cancel a Small Claims Case It asks for the case name and number, and has checkboxes for whether you’re ending the whole case or only the claims against certain defendants.3Judicial Council of California. Form CIV-110 – Request for Dismissal File the original with the clerk in the court where you started the case.
If the defendant has already been served with your Plaintiff’s Claim, you also have to tell them the case is over. Fill out the top of the Notice of Entry of Dismissal and Proof of Service (Form CIV-120), attach a copy of your filed CIV-110, and have someone mail both to the other side. The person who does the mailing then completes the proof of service section on CIV-120.2California Courts. How to End or Cancel a Small Claims Case If you never served the initial claim, this step may not be necessary.
Defendants who filed a Defendant’s Claim (a counter-claim against the plaintiff) drop it the same way, using CIV-110 and the same steps.2California Courts. How to End or Cancel a Small Claims Case
With Prejudice or Without
Form CIV-110 asks you to pick one. The choice matters.
A dismissal with prejudice is permanent. It counts as a final decision on the merits, and you cannot refile the same claim against the same defendant later. A dismissal without prejudice ends this case but leaves you free to sue again, as long as the statute of limitations hasn’t run out.1California Legislative Information. California Code of Civil Procedure CCP 581
If you settled, “with prejudice” is almost always the right box, because neither side wants the dispute coming back. If you’re dismissing to fix a problem like suing the wrong entity, mark “without prejudice” so you can refile.
A Fee Waiver Trap to Watch For
If the court waived your filing fees and you then settle for $10,000 or more, the court has a lien on that settlement. A judge can refuse to process your dismissal until the waived fees are paid back. When you file Form CIV-110, you have to declare under penalty of perjury either that the lien has been satisfied or that the settlement came in under $10,000.4California Legislative Information. California Government Code GOV 68637
If You’re the Defendant and Want the Case Dismissed
Defendants don’t file a dismissal form. You raise the defect with the judge, either in writing before the hearing or in person on the hearing date, and ask for the case to be thrown out. Three grounds come up most often.
Improper Service
The plaintiff has to arrange for personal delivery of the court papers to you at least 15 days before the hearing, or at least 20 days before if you live in a different county from where the case was filed.5California Courts. Serve Your Small Claims Forms Personal service means an adult who isn’t a party to the case physically hands you the documents. If the papers came late, arrived by unauthorized mail, or never reached you properly, tell the judge. In practice the court often postpones the hearing and orders the plaintiff to redo service, rather than dismissing outright, but dismissal is on the table.
Wrong Venue
A small claims case has to be filed in the proper county. That generally means where the defendant lives or does business, or where the dispute arose, such as the site of an accident or where a contract was made or broken.6California Courts. Jurisdiction and Venue: Where to File a Case If the plaintiff picked a county with no real connection to the dispute, you can ask the judge to dismiss or transfer.
Expired Statute of Limitations
Every claim has a filing deadline, and missing it ends the case regardless of who was right. Breach of a written contract has to be filed within four years; breach of an oral contract within two. Personal injury claims also carry a two-year deadline.7California Courts. Deadlines to Sue Someone If the deadline passed before the plaintiff filed, tell the judge when the alleged breach or injury happened and ask for dismissal.
These deadlines can be paused in certain situations, including when the defendant was out of state or the injured person was a minor, and the rules vary by claim type. A statute of limitations defense isn’t always as simple as counting years on a calendar.
When the Plaintiff Doesn’t Show Up
If the plaintiff misses the hearing, the defendant still needs to be there. When the case is called, tell the judge the plaintiff is absent and ask for a dismissal. The judge can dismiss the case, reschedule, or rule on whatever evidence was already submitted.8Los Angeles Superior Court. What Happens if a Party Fails to Appear
A dismissal for non-appearance is typically without prejudice, so the plaintiff can refile. Judges have discretion to dismiss with prejudice and are more willing to do so when the plaintiff has already had a case dismissed once before.
Reopening a Dismissed Case
A dismissal isn’t always the last word. If your case was dismissed because you missed the hearing due to illness, a family emergency, or a genuine mistake about the date, you can ask the court to set the dismissal aside under California Code of Civil Procedure section 473(b). File the motion within six months of the dismissal, and show the court that your absence was the result of mistake, inadvertence, surprise, or excusable neglect.9California Legislative Information. California Code of Civil Procedure CCP 473 Simply forgetting the date, or choosing not to go, will not qualify.
A successful motion rewinds the case to where it was before the dismissal, so be ready to move forward with the claim if the judge grants it. The six-month window is a hard deadline. After it closes, your only option is to refile from scratch, and only if the statute of limitations still has time on it and the original dismissal was without prejudice.