Apr 19, 2024

Michael R. Diliberto, Esq.’s Proposal To Revise Request for Dismissal Form is Adopted by Judicial Council of California

Michael R. Diliberto, Esq.’s proposal to revise Judicial Council form CIV-110 (Request for Dismissal) by adding a new “check the box” option to request dismissal of an action “without prejudice and with the court retaining jurisdiction (Code Civ. Proc., § 664.6),” is being circulated by the Judicial Council of California for public comment.

In April 2022, Michael’s proposal was published in Los Angeles Lawyer magazine, and was presented to the Judicial Council Civil and Small Claims Advisory Committee. Purpose: Merging a request for dismissal with a request for the court to retain jurisdiction reduces the entire process to one form. (See article here: https://www.adrservices.com/wp-content/uploads/2016/11/Michael-R.-Diliberto-LACBA-Article-4.15.22.pdf.)

Michael’s proposal is now titled “Civil Practice and Procedure: Case Dismissal With Retained Jurisdiction.” The comment period ends May 3, 2024. The proposed effective date is January 1, 2025. You can find the invitation to comment here: https://www.courts.ca.gov/documents/spr24-10.pdf.  Please submit comments using the online form (https://www.courts.ca.gov/invitation-comment-form.htm?proposal=SPR24-10&deadline=May%203,%202024) or by emailing invitations@jud.ca.gov.