How to Fill Out a Request for Dismissal in California (CIV-110)

To fill out a Request for Dismissal in California using Judicial Council form CIV-110, you make three decisions before writing anything down, then complete the caption, item 1a (with or without prejudice), item 1b (what you’re dismissing), item 2 (the fee waiver question and its declaration if a waiver was granted), and the signature block. After the clerk enters the dismissal, you serve notice on every other party using form CIV-120 and file proof of service. CIV-110 is a one-page mandatory form, two pages if a fee waiver is involved, most recently revised January 1, 2025.¹

Three Decisions to Settle Before You Start Writing

The form is short. The choices it asks you to make are permanent, or close to it, so work them out before you pick up a pen.

With Prejudice or Without Prejudice

A dismissal with prejudice permanently ends the case. You give up the right to sue the same party over the same claims, forever. A dismissal without prejudice closes the current case but leaves the door open to refile later, as long as the statute of limitations hasn’t expired.²

One point that trips up self-represented filers: the statute of limitations keeps running while your lawsuit is pending. Filing and then voluntarily dismissing does not buy extra time. If you originally had two years to sue, spent 18 months litigating, and then dismissed without prejudice, you have roughly six months left. When in doubt, dismiss without prejudice. You can always choose not to refile. A with-prejudice dismissal cannot be taken back.

What You Actually Want to Dismiss

CIV-110 lets you dismiss at three different levels:²

The entire action, which ends the whole lawsuit against all parties on all claims.
Specific parties, which drops one or more defendants while the case continues against others. This is common when you’ve settled with one defendant in a multi-defendant case.
Specific claims (called causes of action), which removes individual legal theories from your complaint while keeping the rest alive.

Whether the Court Should Retain Jurisdiction

If you’re dismissing because you reached a settlement, decide whether you want the court to keep jurisdiction to enforce the deal. Without retained jurisdiction, if the other side fails to hold up their end, you’d have to file a brand-new breach-of-contract lawsuit. With retained jurisdiction, you go back to the same judge and ask the court to enforce the settlement terms directly.³

Both sides must agree to retained jurisdiction, either in a signed writing or on the record in court. Confirm the other party’s agreement before you check that box.³

Completing Each Part of Form CIV-110

Download CIV-110 from the California Courts website or pick up a copy at any superior court clerk’s office.¹

The Caption

The top of the form is the caption, the identifying information that must match your other court documents exactly. Fill in your name, address, and phone number (or your attorney’s information) in the upper left. Then enter the name and address of the superior court, the names of the plaintiff and defendant exactly as they appear on the complaint, and your case number.¹

Copy these details from your complaint or another filed document. A missing middle initial or misspelled name can cause the clerk to reject the form.

Item 1a: How You Want the Case Dismissed

Item 1a asks you to check one of three boxes:¹

With prejudice, which permanently ends the claims with no right to refile.
Without prejudice, which ends the case but preserves the right to refile.
Without prejudice, court retaining jurisdiction, which ends the case but keeps the court’s authority to enforce a settlement agreement under Code of Civil Procedure section 664.6.

Item 1b: What You’re Dismissing

Item 1b asks what you’re dismissing:¹

Complaint, if you filed a standard complaint.
Petition, if you filed a petition rather than a complaint.
Cross-complaint, if you’re dismissing a cross-complaint. You’ll fill in the filer’s name and filing date.
Entire action, meaning all parties and all claims.
Other, for dismissing only specific parties or specific causes of action. Write out exactly who or what you’re dismissing, using the party names or cause-of-action numbers from your complaint.

Be specific when using the Other box. Vague language like “some claims” will not work. The clerk and the other parties need to know precisely what is being dismissed and what remains.

Item 2: The Fee Waiver Question and Page Two Declaration

Item 2 asks whether any party in the case had court fees waived.¹ Check “did” or “did not.” If you’re unsure, ask the clerk before you file. The question applies to all civil cases except family law matters.

If fees were waived and the party who received the waiver is recovering $10,000 or more through a settlement or other resolution, the court holds a statutory lien on that money for the unpaid fees. The court can refuse to process the dismissal until the lien is satisfied.¹ Under Government Code section 68637, those waived fees must be paid to the court before the recovering party receives anything from the settlement.⁴

If a fee waiver was granted, complete the declaration on page two of CIV-110. In that declaration, you state under penalty of perjury either that the court’s lien has been paid or that the total recovery is worth less than $10,000.⁴ Do not skip this page. The clerk will likely reject your filing if page two is blank and the fee waiver box is checked.

Signature Block

Date the form, print your name, and sign it. Check the box indicating whether you’re signing as an attorney or as a party without an attorney, and identify which side of the case you represent: plaintiff or petitioner, defendant or respondent, or cross-complainant.¹

Filing the Completed Form With the Clerk

File the original CIV-110 with the clerk of the superior court where your case is pending. You can file in person at the courthouse, by mail, or through the court’s electronic filing system.⁵

Many California counties require attorneys to file civil documents electronically, though self-represented parties are generally exempt from mandatory e-filing. Check your county’s local rules or the court’s website to confirm which methods are available for your case.

Make enough copies before filing: one for your records and one for each other party. When you file in person, bring an extra copy and ask the clerk to stamp it with the filing date. That conformed copy is your proof the court received the form and the date it was processed.

Serving Notice of the Dismissal

After the clerk enters the dismissal, you must serve notice on every other party and file proof that you did so. California Rule of Court 3.1390 requires both steps.⁶

The Judicial Council provides a combined form for this purpose: CIV-120, Notice of Entry of Dismissal and Proof of Service.⁷ Attach a copy of your filed CIV-110 (the one stamped by the clerk), fill in the service details on CIV-120, serve it on each party’s attorney (or on the party directly if they are self-represented), and file the completed CIV-120 with the court. Service can be done by mail, personal delivery, or electronic service.

Timing Cutoffs and Other Situations Where CIV-110 Won’t Work

Your right to voluntarily dismiss using CIV-110 is not unlimited.

You can file at any time before trial actually starts. Under the statute, “actually starts” means the moment opening statements begin or, if there are no opening statements, when the first witness is sworn in.² Once that line is crossed, you cannot dismiss by filing a form with the clerk. You would need the court’s permission.

If you have an attorney, the dismissal requires your attorney’s written consent. The court will not accept a CIV-110 filed by a represented party without the attorney’s signature, unless the court itself orders the dismissal after notifying the attorney.²

If the defendant has filed a cross-complaint, additional complications arise. A cross-complaint can survive your dismissal and continue as an independent case, and the cross-complainant’s attorney may need to consent. If a cross-complaint is on file, talk to a lawyer or the court’s self-help center before filing CIV-110.

What Happens After the Dismissal Is Entered

Once the clerk enters the dismissal, it becomes part of the court record. What it means going forward depends on which box you checked.

If you dismissed without prejudice, you can refile the same claims, but the statute of limitations is the hard constraint. The time your original lawsuit was pending does not pause or extend the deadline. If you had a two-year window and spent 18 months litigating before dismissing, you only have the remainder to refile. Do the math carefully before you dismiss if refiling is even a possibility.

A with-prejudice dismissal is final. Reversing it requires a motion to set aside the dismissal, and courts grant those only in narrow circumstances such as mistake, fraud, or excusable neglect.

If you checked the box to retain jurisdiction over a settlement and the other side fails to perform, you can file a motion to enforce the settlement terms in the same case rather than starting over with a new lawsuit.³ That enforcement option is one of the strongest practical reasons to use the retained-jurisdiction box when settling.

1
Judicial Council of California. Request for Dismissal CIV-110
2
California Legislative Information. California Code CCP 581
3
California Legislative Information. California Code CCP 664.6
4
California Legislative Information. California Government Code 68637
5
California Courts. Request for Dismissal CIV-110
6
Judicial Branch of California. Rule 3.1390 – Service and Filing of Notice of Entry of Dismissal
7
Judicial Council of California. Notice of Entry of Dismissal and Proof of Service CIV-120