Title
Title
Rules and Forms | Civil Practice and Procedure: Case Dismissal With Retained Jurisdiction (Action Required)
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Summary
Summary
The Civil and Small Claims Advisory Committee recommends amending California Rules of Court, rule 3.1385 and revising form CIV-110 to implement amended Code of Civil Procedure section 664.6, which allows courts to dismiss cases without prejudice and retain jurisdiction to enforce settlement terms. The rule would be amended to incorporate advisory committee comments clarifying the application of specific subdivisions of the rule depending on whether dismissal under section 664.6 is sought. The recommended form revision would add a new option to request dismissal without prejudice and with retained jurisdiction.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2025:
1. Amend California Rules of Court, rule 3.1385 to add advisory committee comments explaining that parties must still follow the provisions of rule 3.1385(a) and (b) if they seek dismissal under Code of Civil Procedure section 664.6 and that rule 3.1385(c) provides an alternative process to dismissal under section 664.6; and
2. Revise Request for Dismissal (form CIV-110) to add an option for the party asking for dismissal to request dismissal without prejudice and with the court retaining jurisdiction.
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