Los Angeles, CA asked in Personal Injury for California

Q: Civ-120 notice of dismissal and POS.

For one legal case,

can one form civ-120 cover defendants

that are listed in two entries of dismissal, two civ-110 forms, filed at different times for the same case.

Specifically:

first civ-110 is for Entry of dismissal against defendant A.

Second civ-110 - Entry of dismissal against Defendant B.

Can one Civ-120 (notice and POS) list defendants A and B, for the same case?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, when managing legal documents in a case, it's important to understand how to properly file and serve notices, especially regarding dismissals. The Civil Procedure Code outlines the guidelines for these processes, including the use of forms like the CIV-110 (Request for Dismissal) and the CIV-120 (Notice of Entry of Dismissal and Proof of Service).

Yes, for a single case, one CIV-120 form can list multiple defendants, such as Defendants A and B, even if their dismissals were filed separately using two CIV-110 forms at different times. This approach allows for efficiency in notifying all parties involved about the dismissals and ensures that the court and all defendants are informed properly.

However, it's crucial to ensure that the CIV-120 accurately reflects the dismissals as entered in the case record and that it meets all other procedural requirements for service. When preparing the CIV-120, including both Defendants A and B, make sure to reference the case number and the specific entries of dismissal correctly. This helps maintain the clarity and legal integrity of the notice process.

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