How Do I Get a Civil Case Dismissed in California State Court?

Introduction

Getting a civil case dismissed in California state court is a significant strategy for defendants—and in some situations, for plaintiffs—when a complaint or ongoing lawsuit lacks legal merit, fails to follow proper procedure, or cannot survive based on the facts. California law provides several mechanisms for dismissal, each governed by specific statutes and procedural rules. This article explains the grounds, timing, and process for seeking dismissal in California, as well as the importance of “meet and confer” requirements.

Pretrial Motions: Dismissal Before Trial

Demurrer (Code of Civil Procedure § 430.10)

A demurrer is the primary tool to challenge the legal sufficiency of a complaint before answering. Common grounds include:

• Failure to state facts sufficient to constitute a cause of action (§ 430.10(e))

• Lack of jurisdiction over subject matter or person (§ 430.10(a)-(b))

• Uncertainty or ambiguity in pleadings (§ 430.10(f))

• Other statutory grounds (see Code Civ. Proc. § 430.10)

If the court finds a complaint defective, it may sustain the demurrer—with leave to amend (plaintiff can try again) or without leave (case is dismissed). A demurrer must generally be “meet and confer”-ed before filing—a requirement designed to help parties resolve or narrow disputes (Code Civ. Proc. § 430.41).

Motion to Strike (Code of Civil Procedure § 436)

A party may move to strike irrelevant, false, or improper matter from any pleading. This mechanism can dismiss specific portions of the case but usually does not resolve the entire lawsuit.

Motion to Dismiss

While California terminology favors “demurrer” for legal defects, a motion to dismiss may still be used in unusual circumstances (e.g., improper service, lack of standing, statute of limitations).

Motions After Pleadings

Motion for Judgment on the Pleadings (Code of Civil Procedure § 438)

Once pleadings are closed, either party may move for judgment on the pleadings—similar to a demurrer, but applicable after an answer has been filed.

Dismissal Based on Evidence: Motion for Summary Judgment (Code of Civil Procedure § 437c)

After discovery, either side may seek dismissal by showing there is “no triable issue of material fact” and that the moving party is entitled to judgment as a matter of law. If granted, summary judgment results in dismissal of the case or particular claims. Summary judgment motions are complex, costly, and require careful compliance with timing, notice, and “meet and confer” requirements.

Procedural Dismissal

Motion for Involuntary Dismissal for Delay or Failure to Prosecute (Code of Civil Procedure §§ 583.410–430; Cal. Rules of Court, Rule 3.1342)

A defendant may move to dismiss if the plaintiff does not bring the case to trial within statutory time limits, fails to prosecute, or fails to comply with court orders. Such motions must usually be preceded by a “meet and confer.”

Voluntary Dismissal by Plaintiff (Code of Civil Procedure § 581)

Plaintiffs can dismiss some or all claims via a “Request for Dismissal” (Judicial Council Form CIV-110), especially when the case has been settled. Dismissal may be “with prejudice” (permanent) or “without prejudice” (allowing the case to be refiled).

Motions for Sanctions (Code of Civil Procedure § 128.7)

Defendants may file a motion for sanctions if the complaint is frivolous or legally baseless, seeking both dismissal and monetary penalties against the plaintiff and/or their attorney. Before filing, a 21-day “safe harbor” period is required, giving the plaintiff an opportunity to withdraw or correct the defective filing.

Meet and Confer Requirements

California law and local rules usually require parties to “meet and confer” before filing dispositive motions (demurrer, motion for summary judgment, motion to strike, or for sanctions). The goal is to reduce unnecessary motion practice and foster settlement or amendment of pleadings. Failure to comply may result in the court refusing to hear the motion.

Procedure for Seeking Dismissal

1. Review applicable statutes, rules, local orders, and deadlines.

2. Meet and confer with opposing counsel, documenting efforts as required.

3. Prepare the proper motion (demurrer, motion for summary judgment, etc.), identify legal and factual grounds, and serve all parties.

4. The opposing party may file an opposition; a hearing may be scheduled.

5. The judge decides whether to grant dismissal and whether it is “with” or “without” prejudice.

Conclusion

California courts provide several approaches to dismissing a civil case—demurrer, motion to strike, summary judgment, involuntary dismissal, and requests for voluntary dismissal. Every step is governed by statutory codes, rules, forms, and local practices, especially meet and confer requirements. Diligent compliance and strategic motion practice give parties the best chance to resolve litigation efficiently and avoid unnecessary trial.