California Stipulation for Dismissal

State:
Multi-State
Control #:
US-01600
Format:
Word; 
Rich Text
Instant download

Description

This form is a Stipulation of Dismissal, without prejudice. Used by a plaintiff to dismiss a complaint previously filed. Plaintiff may desire to re-file complaint alleging other matters, or may dismiss in compliance with a settlement agreement.

How to fill out Stipulation For Dismissal?

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FAQ

A ?stipulated judgment? ? which is sometimes also called a ?consent judgment? ? is a voluntary agreement between the parties involved in a legal dispute that operates to settle the case.

A stipulated judgment must include disposition of all matters subject to the court's jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.

The court clerk will process your Request for Dismissal (Form CIV-110) and Form CIV-120. The clerk will keep the original and return the copies of Form CIV-110 to you, stamped "Filed." Keep one for your records.

The prejudice relates to the prosecutor's ability to pursue the charges in another subsequent proceeding. A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges.

Specifically, SB 688 amends Code of Civil Procedure section 1132(a) as follows, in pertinent part: (a) A judgment by confession is unenforceable and may not be entered in any superior court.

If you were sued before filing bankruptcy, you may receive a ?Stipulation for Dismissal? or similar document from the creditor that sued you at some point after filing your Chapter 7 case. It's basically an ?agreement? letting the judge know that the court can dismiss (end/close) the case pending against you.

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California Stipulation for Dismissal