§4.12 Dismissal

A plaintiff may dismiss a small claims action, with or without prejudice, at any time before the hearing commences. [CCP §581(b)(1).] Any party may dismiss an action, with or without prejudice, with the written consent of all the other parties. [CCP §581(b)(2).] A plaintiff may not dismiss an action, however, if the defendant has filed a claim. [CCP §581(i).]

You may also dismiss a small claims action, without prejudice, when:

• Either party fails to appear at the hearing and the other party appears and asks for dismissal [CCP §581(b)(5)], or
• Both parties fail to appear at the hearing [CCP §581(b)(3)].

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If you determine that a small claims action was not commenced in the proper court, you must dismiss the action on your own motion, without prejudice, unless all defendants are present and agree that the action may be heard. [CCP §116.370(c)(1); see §§3.08 et seq.]