How to Dismiss a Small Claims Case in California

Meta description: Learn how to dismiss a small claims case in California, which form to file, how “with prejudice” differs from “without prejudice,” and what happens after dismissal.

A California small claims case may be dismissed when the parties settle, the plaintiff no longer wants to pursue the claim, or another reason makes continuing unnecessary. The process is usually straightforward, but the wording and timing matter: a dismissal can affect whether the claim may be brought again, and it may not resolve a defendant’s separate claim. Here’s how to request dismissal and what to check before filing.

Who Can Dismiss a California Small Claims Case?

In most situations, the plaintiff—the person or business that filed the small claims case—asks the court to dismiss it. The plaintiff may request dismissal because the parties reached a settlement, the dispute was resolved another way, or the plaintiff has decided not to continue.

A defendant generally cannot unilaterally dismiss the plaintiff’s case. If the defendant believes the claim should not proceed, the defendant can raise that position at the hearing or ask the court about the appropriate procedure. A defendant who wants money from the plaintiff may file a separate Defendant’s Claim, generally using Judicial Council form SC-120, subject to applicable rules and deadlines.

When there are multiple plaintiffs or defendants, the request should clearly identify the parties and claims the plaintiff wants dismissed. Dismissing one party or one claim may not end the entire case. The court’s records and any pending defendant’s claim should be checked before assuming the dispute is fully closed.

Choose Whether the Dismissal Is With or Without Prejudice

A request for dismissal commonly requires the plaintiff to indicate whether the case is dismissed with prejudice or without prejudice. This choice can have lasting consequences.

• With prejudice: The plaintiff generally gives up the right to bring the same claim again. This is often used when a settlement fully resolves the dispute and the parties intend a final end to the case.
• Without prejudice: The plaintiff may be able to file the claim again, provided the claim is otherwise allowed and the applicable statute of limitations has not expired. A new filing may require paying fees and serving the defendant again.

“Without prejudice” does not guarantee that a case can be refiled. A legal deadline may run out while the case is pending, and other rules may prevent a new action. Conversely, choosing “with prejudice” can prevent a later lawsuit even if a settlement payment or other promised action does not occur. The dismissal language should match the parties’ written settlement, if there is one.

When dismissal is part of a settlement, the parties should specify in writing what must happen before dismissal—for example, whether payment must clear first, whether payments will be made in installments, and what happens if a party does not perform. A settlement agreement may provide remedies, but the wording and timing of the court dismissal can affect enforcement options.

How to File a Request for Dismissal

The California Judicial Council’s general form for requesting dismissal is CIV-110, Request for Dismissal. California small claims courts may also provide local instructions or require additional paperwork, so the plaintiff should check the court’s website or contact the clerk for the specific courthouse handling the case.

1. Get the case information. Use the case number and court name shown on the filed small claims paperwork or court notices. Confirm the names of the parties and whether the request concerns the entire case or only particular parties or claims.
2. Complete the dismissal form. Identify the case, state what is being dismissed, and select the appropriate dismissal option. Follow the form’s instructions carefully. If the parties have settled, make sure the requested dismissal is consistent with their agreement.
3. Sign the request. The person authorized to act for the plaintiff should sign. A business should confirm that the signer has authority to act on its behalf. The form’s instructions and court requirements govern who may sign.
4. File it with the correct court. Submit the completed form to the clerk for the court where the case is pending. Depending on the court, filing may be available in person, by mail, or electronically. Check local procedures, filing hours, and whether copies or a self-addressed envelope are needed.
5. Confirm the result. Keep a copy of the filed request and check the court docket or contact the clerk to verify that the dismissal was entered. A request submitted to the court is not the same as confirmation that the case record has been updated.

Filing and service requirements can vary by court and by the circumstances of the case. The plaintiff should follow the instructions on the current form and any local rules. If the court requires service of the filed dismissal on another party, the plaintiff should arrange service by a permitted person and keep proof of service.

Timing: Before or After the Small Claims Hearing

A plaintiff can often seek dismissal before the hearing by filing the required request with the court. Filing early gives the court time to process the paperwork and reduces the chance that the parties will appear for a hearing that is no longer needed. The plaintiff should not assume that telling the other party about a settlement automatically cancels the court date.

If the hearing is approaching and the dismissal has not been confirmed, the plaintiff should contact the court clerk and follow the court’s directions. Unless the court confirms the hearing is canceled or the case has been dismissed, the parties should take the notice seriously. Failing to appear can lead to an unfavorable result, including dismissal of a plaintiff’s claim or other court action, depending on the circumstances.

If the case is resolved at the hearing, the plaintiff can tell the judge that the claim has settled or is no longer being pursued and ask what the court requires to record the dismissal. The parties should make sure the court’s order reflects the intended terms. An oral statement to the other party, without a court record or written agreement, may leave uncertainty about whether the case is closed.

Once a judgment has been entered, a routine request for dismissal is generally not the same as undoing that judgment. The available procedure depends on the court’s action and deadlines. A party seeking to challenge a small claims judgment should review the court’s instructions promptly; options and appeal rights can differ for plaintiffs and defendants.

What Happens If the Parties Settle?

Settlement does not automatically close a California small claims case. The parties should decide how the court record will be handled and when the dismissal will be filed. If the defendant promises to pay later, dismissing the case before payment may leave the plaintiff needing to pursue a new case or another remedy if payment never arrives.

For an installment settlement, the agreement should identify the payment amounts, due dates, payment method, and consequences of missed payments. It should also say whether dismissal occurs after the final payment or under another arrangement. The parties should not rely on vague wording such as “the case will be dismissed when the matter is resolved.”

California Code of Civil Procedure section 664.6 provides a procedure for asking a court to enforce certain settlements, subject to statutory requirements. Whether that procedure is available and useful depends on the case and how the agreement is made and documented. Parties considering a dismissal before full performance should understand what enforcement options will remain after the case is closed.

Defendant’s Claims and Multiple Parties

A plaintiff’s dismissal does not necessarily dispose of a defendant’s claim. In small claims court, a defendant may file a Defendant’s Claim against the plaintiff or another party. If that claim is still pending, it can continue even when the plaintiff’s original claim is dismissed.

Before filing, the parties should review the docket and any paperwork served in the case. If both sides have claims, the settlement and court filings should address each one. The defendant who filed a separate claim may need to request its own dismissal or take another action required by the court.

Similarly, a dismissal request may not automatically remove every party from a case. If the plaintiff intends to dismiss only one defendant or only part of the case, the request should identify that scope precisely. Ambiguous or incomplete paperwork can leave a claim active or create disagreement over what was resolved.

Fees, Refunds, and Court Records

A plaintiff should not assume that dismissing the case will result in a refund of the filing fee or other costs. Court fees are generally not automatically returned simply because a case is dismissed. The amount paid and any possible reimbursement depend on court rules, the circumstances, and any agreement between the parties.

After the court processes the dismissal, the case record may show that the action was dismissed and whether the dismissal was with or without prejudice. Keep the filed form, the court’s confirmation, settlement documents, and proof of any payments. These records can help establish what the parties agreed to and whether the case was closed as intended.

Common Mistakes to Avoid

• Assuming a settlement cancels the hearing: Confirm with the court that the case has been dismissed or that the hearing has been taken off calendar.
• Selecting the wrong dismissal type: Understand the effect of “with prejudice” before giving up the right to bring the same claim again.
• Filing before promised payment without a plan: Document payment terms and consider how a default will be handled before dismissing.
• Overlooking a Defendant’s Claim: Check whether the defendant filed a separate claim that remains pending.
• Using incomplete or outdated paperwork: Download the current form and check local court instructions, since procedures can vary by courthouse.
• Failing to keep records: Retain the filed dismissal, settlement agreement, court confirmation, and payment documentation.

Where to Find Official California Court Information

The California Courts Self-Help Guide provides information about small claims cases, forms, and court procedures at selfhelp.courts.ca.gov/small-claims. Judicial Council forms, including CIV-110 and SC-120, are available through the California Courts forms page at courts.ca.gov/forms.htm. The local superior court’s website is the best source for courthouse-specific filing methods, service instructions, and hearing updates.

Because deadlines and consequences depend on the case, the parties should verify the current rules with the court or consult a qualified California attorney if the dismissal involves a settlement dispute, a pending defendant’s claim, or a judgment already entered.