Date, print your name, and sign the top portion that starts with “To Attorneys and Parties without Attorneys.'.For the portion that has the form name in capitalized bold letters, check the box for “Other (specify)” and write in the type of case you have (like 'Unlawful Detainer' or 'Civil-Contract') If you served the defendant with your complaint OR the defendant filed a cross-complaint against you, OR if you are the defendant trying to dismiss your cross-complaint :įill out the Notice of Entry of Dismissal and Proof of Service ( Form CIV-120). If you are the plaintiff and the defendant filed a cross-complaint against you, he or she will have to sign off on the dismissal of the entire case, so have the defendant sign Item 3.

Below Item 2, date, print and sign your name.Generally speaking, a motion to dismiss challenges the legal adequacy of a complaint.1 A motion to dismiss may also be used when it is claimed. The CPLR defines the kinds of motions that a party may make. Check the second box if you did not get a fee waiver. A motion is an application to the court for a specific court order within the confines of an existing case. For item 2, check the first box if you got a fee waiver to file your case (and read the second page carefully, since you may have to pay back the waived fee if you are getting paid $10,000 or more by the other side).If you are a defendant and you filed a cross-complaint against the plaintiff that you want to dismiss, check Item 1(b)(3).If you only want to dismiss the case as to some defendants, check box (1) and write in the names of the defendants you want to dismiss in box (6).For item 1(b), check (5) if you want to dismiss the entire case.For item 1(a), check box (1) if you want the case dismissed with prejudice, or box (2) if you want it dismissed without prejudice.Note: Your court's self-help center may be able to help you.įill out a Request for Dismissal ( Form CIV-110). “ Without prejudice” means that you can re-file your case at a later date (as long as you are still within the statute of limitations).“ With prejudice” means that you cannot re-file your case ever.If you decide you want to ask to dismiss the case, you need to decide whether you want the court to dismiss it “with prejudice” or “without prejudice.' You no longer want to pursue the case because you changed your mind.

You sued several people but have decided you only want to sue one or some of them, so you dismiss the case as to the others.

You cannot find the defendant to serve him or her, but want to reserve the right to sue at a later date.

The person you sued paid you the money he or she owed you.

And make sure that your agreement is in writing and protects both of you. (If this is your situation, make sure the person who owes you money follows through with the agreement -and the check or payment clears-before dismissing the case.

You and the person you sued reach an agreement and you want to end the case.

Here are some common reasons for dismissing a case: If you file an lawsuit and you decide you do not want to move forward, you can ask the court to dismiss the case.

Motion for dismissal