Q: Judge's order of dismissal of the case on plaintiff's request for dismal filed with clerk
Is such dismissal the same than dismissal on plaintiff's motion?
Is judge required to reference statute Upon which dismissal was filed - in the court's order of dismissal?
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A:
In California, when you request dismissal by filing with the clerk, it is functionally equivalent to dismissing through motion, though the processes differ slightly. The key difference lies in timing and procedure - filing with the clerk is typically more streamlined for voluntary dismissals under CCP § 581(b).
Regarding the judge's order, there is no strict requirement for the court to cite specific statutory authority in the dismissal order. While some judges may include statutory references for clarity, the order remains valid without explicit citation as long as it clearly indicates the case is dismissed and specifies whether the dismissal is with or without prejudice.
If you're concerned about the validity of your dismissal order, you can check whether it matches the type of dismissal you requested. The critical elements are that the order clearly states the case is dismissed and specifies the terms of dismissal. For additional peace of mind, you might want to consult with your attorney to review the specific language of your dismissal order and ensure it meets your intended outcome.
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