In California, a defendant can ask a court to dismiss a case, but usually cannot use the standard voluntary “Request for Dismissal” form to end a plaintiff’s claim. That form is generally for the party who filed the claim. A defendant instead may seek dismissal through a motion or another procedure authorized by California law. The right option depends on the reason for dismissal, the case’s stage, and whether the defendant has filed a cross-complaint.
What “Request for Dismissal” Means in California
In California civil cases, “Request for Dismissal” commonly refers to Judicial Council Form CIV-110. A plaintiff uses it to voluntarily dismiss all or part of a complaint, or to dismiss a defendant from the case. A cross-complainant can use it to dismiss a cross-complaint or a party to that cross-complaint.
California Code of Civil Procedure section 581 describes when a court may dismiss an action and when a plaintiff may dismiss voluntarily. In general, the plaintiff—not the defendant—controls whether to voluntarily abandon the plaintiff’s own claim, subject to statutory limits and court rules. A defendant’s disagreement with the lawsuit does not, by itself, give the defendant the right to file the plaintiff’s voluntary dismissal form.
There is an important exception to the terminology: a defendant who has filed a cross-complaint is acting as a cross-complainant for that separate claim. That party may generally request dismissal of its own cross-complaint using the applicable procedure. Dismissing a cross-complaint does not automatically dismiss the original complaint against the defendant.
Can a Defendant Ask the Court to Dismiss the Case?
Yes. A defendant can ask the court to dismiss a claim or an entire action when a recognized legal or procedural ground applies. The request is usually made by filing a motion, demurrer, or other permitted response—not by filing CIV-110 as though the defendant were the plaintiff.
“Motion to dismiss” is a familiar phrase, especially in federal court, but California state-court cases often use more specific names for the procedures that challenge a lawsuit. The correct filing depends on the issue. A court may deny a request if it uses the wrong procedure, misses a deadline, fails to provide required notice, or does not establish a valid ground for relief.
Common Ways a California Defendant Seeks Dismissal
Demurrer
A demurrer argues that the complaint does not state facts sufficient to constitute a legal claim, even if the well-pleaded allegations are assumed true for purposes of the challenge. It may also raise certain defects, such as uncertainty or a legal bar apparent on the face of the complaint. A demurrer is not generally a way to dispute the truth of factual allegations using evidence outside the complaint.
California Code of Civil Procedure sections 430.10 and following govern demurrers. A defendant must follow the applicable response deadline and meet-and-confer requirements. If the court sustains a demurrer, it may allow the plaintiff to amend. Dismissal without leave to amend generally ends the affected claim, but a ruling on one claim or party does not necessarily end the whole case.
Motion to Strike
A motion to strike asks the court to remove improper or irrelevant material from a pleading, or to strike a pleading or portion of it when authorized by law. It may target, for example, allegations or requests for relief that are legally improper. It does not automatically dismiss the entire lawsuit, although removing a key allegation or remedy can significantly change the case.
Code of Civil Procedure sections 435 and 436 address motions to strike. A defendant should check current deadlines, service requirements, and local court rules before filing. The court may grant the motion, deny it, or allow the opposing party to amend.
Motion for Judgment on the Pleadings
A motion for judgment on the pleadings argues that the existing pleadings show no legally sufficient claim or defense. It resembles a demurrer in that it generally addresses legal sufficiency rather than resolving disputed facts through a trial. California Code of Civil Procedure sections 438 and 439 govern this procedure, including timing and meet-and-confer rules.
Summary Judgment or Summary Adjudication
When the dispute turns on evidence rather than only the wording of the complaint, a defendant may seek summary judgment or summary adjudication. Under Code of Civil Procedure section 437c, the moving party must show that there is no triable issue of material fact and that it is entitled to judgment as a matter of law, or that a particular cause of action or issue can be resolved.
These motions have detailed evidence, notice, and timing requirements. They are not interchangeable with a voluntary request for dismissal. A court may grant judgment for the defendant, resolve only selected issues, or deny the motion if a material factual dispute remains.
Dismissal for Delay or Failure to Prosecute
A defendant may, in appropriate circumstances, seek dismissal when the plaintiff fails to move the case forward. California law sets procedural deadlines for bringing cases to trial and includes rules addressing delay, failure to serve, and failure to prosecute. Code of Civil Procedure sections 583.110 through 583.430 address dismissal for delay in prosecution, while other statutes and court rules may apply to specific failures.
Dismissal is not automatic simply because a case has been quiet. The applicable deadline, any extensions, the case’s procedural history, and required notice or motion practice matter. Courts may have discretion in some situations and may be required to dismiss in others.
Other Grounds and Procedures
Depending on the facts, a defendant may raise issues such as lack of personal jurisdiction, improper service, venue, failure to comply with a court order, or a statutory bar. Some objections must be raised promptly or may be waived. Certain matters require a motion to quash service, a motion to transfer venue, or another specific filing rather than a generic dismissal motion.
A defendant may also seek dismissal as part of a settlement. Usually, the parties document the settlement and the plaintiff then files the dismissal, often after receiving the agreed payment or performance. The settlement terms should make clear who must file the dismissal, which claims and parties are covered, and when the filing is due.
Who Can File CIV-110?
The person or entity filing a claim generally controls the voluntary dismissal of that claim. In an ordinary civil action, that is usually the plaintiff. If a defendant has filed a cross-complaint, the defendant is the cross-complainant for purposes of that separate pleading and may seek to dismiss it.
The form’s instructions and the case posture matter. If the plaintiff agrees that the case should end, the plaintiff may file a voluntary dismissal where permitted. If the defendant wants the court to end the plaintiff’s case over the plaintiff’s objection, the defendant generally must identify a legal ground and use the proper motion or response procedure.
A defendant should not assume that filing CIV-110 will dismiss claims against them. Filing a document that is unauthorized or incorrectly completed may not end the case and could create confusion about deadlines or the status of claims.
Does a Defendant Need the Plaintiff’s Agreement?
It depends on the route. A plaintiff’s voluntary dismissal is generally controlled by the plaintiff and may be available without the defendant’s agreement, subject to statutory exceptions. A defendant seeking a court-ordered dismissal does not ordinarily need the plaintiff’s consent, but must persuade the court that the law permits dismissal.
Parties can also agree to resolve a case and arrange for dismissal. A settlement agreement may require the plaintiff to dismiss the action, but the agreement should specify whether dismissal is with prejudice or without prejudice and when it becomes effective. A dismissal with prejudice generally bars the dismissed claim from being brought again; a dismissal without prejudice may leave open the possibility of refiling, subject to applicable limitation periods and other rules.
Important Timing and Filing Considerations
Deadlines can affect both the available procedure and the defenses a defendant preserves. A defendant should review the summons, complaint, proof of service, applicable statutes, California Rules of Court, and local rules. A demurrer, motion to strike, motion to quash, or summary judgment motion has its own requirements. A defendant who waits too long may lose an objection or face a default risk.
Before filing, a defendant should identify exactly what is being challenged: the entire action, a particular cause of action, a party, or a cross-complaint. The requested relief should match the legal argument. For example, a motion that challenges one cause of action may not support dismissal of every claim in the case.
Service on the other parties is generally required, and motion papers must comply with filing, notice, and proof-of-service rules. Some motions require the parties to meet and confer before filing. Courts may also require proposed orders or other supporting documents. Requirements can vary by case type and county, so current court instructions should be checked.
What Happens After a Dismissal Request?
A voluntary dismissal filed by the party entitled to dismiss may end the specified claims, subject to the applicable law and any court action required to enter or process it. A defendant’s motion does not dismiss a case merely because it has been filed. The court must rule on the request, and the result may be dismissal, permission to amend, partial relief, or denial.
Even after a claim is dismissed, other matters may remain. A cross-complaint, claims against other defendants, requests for fees or costs, or enforcement of a settlement may continue depending on the order and the circumstances. The court’s written ruling and docket should be reviewed to confirm what has actually been dismissed.
Practical Checklist for a California Defendant
- Confirm the case type and court. State civil, small claims, family, and federal cases can follow different procedures.
- Identify the claim and the requested result. Determine whether the goal is to dismiss the whole action, a claim, a party, or a cross-complaint.
- Choose the correct procedure. A demurrer, motion to strike, motion for judgment on the pleadings, summary judgment motion, or other filing may apply.
- Check deadlines and waiver risks. Some defenses must be raised early.
- Review current official materials. The California Courts’ self-help resources, Judicial Council forms, statutes, and local rules can help identify procedural requirements.
- Keep proof of filing and service. A filing receipt and proof of service help document compliance.
Reliable California Sources
Key authorities include California Code of Civil Procedure section 581, which addresses dismissal of actions; sections 430.10 and following on demurrers; sections 435 and 436 on motions to strike; sections 438 and 439 on judgment on the pleadings; and section 437c on summary judgment. The Judicial Council’s CIV-110 form page provides the official voluntary Request for Dismissal form and related instructions.
California procedure can be highly fact-specific, and statutes and court rules may change. This information is general and is not a substitute for legal advice about a particular case. A California attorney or court self-help center can help determine which filing, deadline, and relief apply.