In a California civil case, the Notice of Settlement is the filing that tells the court you have resolved the dispute so it can clear the case off its calendar. It is filed on Judicial Council form CM-200, and under California Rules of Court, Rule 3.1385, every plaintiff or party seeking affirmative relief must file it immediately after the settlement is reached.1California Courts. Notice of Settlement of Entire Case (CM-200) The notice by itself does not end the lawsuit. A separate Request for Dismissal has to follow, and the deadline for that dismissal, along with the type you choose, decides whether you can still enforce the deal if the other side stops performing.
Who Files and On What Form
The duty falls on every plaintiff or party seeking affirmative relief. If there are multiple plaintiffs or cross-complainants, each has an independent obligation to file. The document is Judicial Council form CM-200, “Notice of Settlement of Entire Case.”1California Courts. Notice of Settlement of Entire Case (CM-200)
Filing is only half of it. The notice must also be served on all parties and on any arbitrator or other court-connected alternative dispute resolution neutral involved in the case.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385 Service on every party and neutral is a separate, simultaneous obligation.
When the Notice Has to Be Filed
Rule 3.1385 uses the word “immediately.” There is no grace period built into the rule. As soon as the settlement is reached, the clock is running.
The trap is the short-fuse hearing. If a hearing, conference, or trial is scheduled within 10 days of the settlement date, the filing party must also give oral notice to the court, all parties, and any arbitrator or neutral.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385 A settlement reached Friday before a Monday hearing means picking up the phone that same day.
That oral notice requirement has real financial teeth where a neutral is involved. If you fail to notify an arbitrator or court-connected neutral at least two days before a scheduled session, the court can order you to compensate that person for the reserved time, capped at what they would have earned for the session.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385
Unconditional or Conditional
The CM-200 asks you to classify the settlement, and the choice sets the dismissal clock.
Unconditional Settlements
An unconditional settlement is one where all terms are already satisfied or will be completed quickly. The filing party must serve and file the Request for Dismissal within 45 days after the date the settlement was reached.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385 The 45 days runs from the settlement date, not the notice filing date. Settle on March 1, file the notice on March 10, and the dismissal is still due by April 15.
Conditional Settlements
A conditional settlement is one where dismissal depends on completing terms that cannot be performed within 45 days, like installment payments spread over months or complex documents that need to be executed. The notice must specify the date by which the dismissal will be filed.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385 Once that specified date arrives, the filing party has 45 days from that date to serve and file the Request for Dismissal.
The Request for Dismissal and Your Three Choices
The Notice of Settlement does not close the case. The lawsuit remains open until the filing party submits Judicial Council form CIV-110, the Request for Dismissal.3California Courts. CIV-110 – Request for Dismissal That form is what actually terminates the action, and it offers three options with very different consequences.
With prejudice permanently closes the case. You cannot refile the same claims against the same party. This fits a settlement that has already been fully performed.
Without prejudice dismisses the case but leaves the theoretical door open to refile, subject to the statute of limitations. The court does not retain jurisdiction over the parties to enforce the settlement terms.
Without prejudice with the court retaining jurisdiction under Code of Civil Procedure section 664.6 dismisses the case but keeps the court’s power to enforce the settlement if a party fails to perform. For most conditional settlements, this is the option worth serious thought.
Keeping the Court’s Power to Enforce the Settlement
If you dismiss with prejudice, or without prejudice but without retaining jurisdiction, and the other side later stops paying or breaches another term, your only remedy is a brand-new breach-of-contract lawsuit. New filing fees, new discovery, potentially years of additional litigation.
Section 664.6 offers a shorter road. If the parties or their counsel stipulate in writing or orally before the court, the court can dismiss the case without prejudice and retain jurisdiction to enforce the settlement until every term is fully performed.4California Legislative Information. California Code CCP Part 2 Title 8 Chapter 8 Section 664.6 If the other side later breaches, you file a motion in the existing case instead of starting over.
The stipulation can be signed by the parties, by their attorneys, or in some cases by an authorized insurance agent acting on a party’s behalf.4California Legislative Information. California Code CCP Part 2 Title 8 Chapter 8 Section 664.6 Some case types are stricter. In civil harassment actions, family law matters, probate cases, and juvenile or dependency court matters, only the parties themselves can sign. Attorney or insurer signatures are not enough there.
For conditional settlements, section 664.6(e) also lets the court act on its own motion. Without anyone stipulating, the court can set an order to show cause as to why the entire action should not be dismissed without prejudice with retained jurisdiction to enforce the settlement.4California Legislative Information. California Code CCP Part 2 Title 8 Chapter 8 Section 664.6 The court itself can push toward the retained-jurisdiction path.
If You Need More Time
If you cannot get the Request for Dismissal filed within the 45-day window, or by the date specified in a conditional settlement notice, act before the deadline passes. Rule 3.1385(e) requires a served and filed notice with a supporting declaration that explains why you cannot meet the deadline, shows good cause, and proposes a new date. That has to be done at least five court days before the existing deadline expires.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385
Show good cause and the court must grant additional time. Waiting until the day before the deadline, or filing after it has passed, puts you at the court’s mercy. The rule also lets the court take “such other actions as may be appropriate for the proper management and disposition of the case,” which gives judges wide discretion to attach conditions to any extension.
What Happens If You Miss the Deadline
The penalties are not hypothetical. For unconditional settlements, if the filing party does not serve and file the Request for Dismissal within 45 days, the court must dismiss the entire case 45 days after it received the notice of settlement, unless good cause is shown.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385 The dismissal is mandatory. The court doesn’t issue a warning first.
For conditional settlements, the same automatic dismissal applies if the filing party fails to submit the Request for Dismissal within 45 days after the specified dismissal date in the notice.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1385 “Unless good cause is shown” is the only escape, and using it requires having already filed the extension request described above.
The sanctions for failing to notify a neutral are separate. You can be ordered to pay the arbitrator or neutral for their wasted time even if you eventually file every piece of paperwork correctly. Two failures, two independent penalties.