California Motion to Dismiss or Transfer - Civil Trial

State:
Multi-State
Control #:
US-PI-0095
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion filed by the defendant in a personal injury action requesting that the court grant its motion to dismiss the plaintiff's complaint or to remove the matter to federal court.
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FAQ

Tell the court and the parties that you do not want to go forward with the case. You also need to use Notice of Entry of Dismissal and Proof of Service (form CIV-120).

Formally File for Dismissal For example, you would file and serve a CIV-110 Request for Dismissal Form in California. Contact your courthouse to see what form is needed to dismiss your case. If the other party has filed a response in the case, you cannot dismiss it without them agreeing to the dismissal.

In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.

A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

Common reasons to dismiss your case You were paid whatever the other side owed you. You can't find whoever you want to sue, but want to be able to sue again later. You don't want to sue all the people you originally sued. For example, you sued three people, but now you only want to sue two of them.

Tell the court and the parties that you do not want to go forward with the case. You also need to use Notice of Entry of Dismissal and Proof of Service (form CIV-120).

A ?complex case,? as defined by Rule 3.400 of the California Rules of Court, is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties and ...

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California Motion to Dismiss or Transfer - Civil Trial