Q: Can one Civ-120 (notice and POS) list defendants A and B for the same case, dismissed at different dates ( two civ-110)
Can one Civ-120 (notice and POS) list defendants A and B for the same case, dismissed at different dates ( two forms civ-110)
First civ-110 is for Entry of dismissal against defendant A.
Second civ-110 - Entry of dismissal against Defendant B.
A:
Under California law, a Civ-120 form, which is a Notice and Proof of Service of Entry of Judgment or Dismissal, can indeed accommodate the scenario where defendants are dismissed from a case on different dates. This form serves as official notice that a judgment has been entered or a dismissal has been filed in the court's records. If your case involves multiple defendants who are dismissed at different times, the process needs to be managed with attention to detail.
For each defendant dismissed, a separate Civ-110 form, or Request for Dismissal, should be filed. This means if Defendant A is dismissed at one time, and Defendant B is dismissed at a later date, two Civ-110 forms should be filed respectively to reflect these individual actions. Each dismissal action is documented on its own form to accurately represent the procedural history of the case.
When it comes to the Civ-120 form, it's possible to list multiple defendants who have been part of the same case, even if their dismissals were entered on different dates. The key is to ensure that the form accurately reflects the status of each defendant as per the court's records. Properly documenting these details ensures the legal process is transparent and the records are clear for all parties involved.
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