Rule 3.1385. Duty to notify court and others of settlement of entire case

(a) Notice of settlement

(1) Court and other persons to be notified

(2) Compensation for failure to provide notice

(b) Dismissal of case Except as provided in (c) or (d), each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal of the entire case within 45 days after the date of settlement of the case. If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.

(c) Conditional settlement

(1) Notice

(2) Dismissal

(3) Hearings vacated

(A) Except as provided in (B), on the filing of the notice of conditional settlement, the court must vacate all hearings and other proceedings requiring the appearance of a party and may not set any hearing or other proceeding requiring the appearance of a party earlier than 45 days after the dismissal date specified in the notice, unless requested by a party.

(B) The court need not vacate a hearing on an order to show cause or other proceeding relating to sanctions, or for determination of good faith settlement at the request of a party under Code of Civil Procedure section 877.6.

(4) Case disposition time

(d) Compromise of claims of a minor or disabled person If the settlement of the case involves the compromise of the claim of a minor or person with a disability, the court must not hold an order to show cause hearing under (b) before the court has held a hearing to approve the settlement, provided the parties have filed appropriate papers to seek court approval of the settlement.

(e) Request for additional time to complete settlement If a party who has served and filed a notice of settlement under (a) determines that the case cannot be dismissed within the prescribed 45 days, that party must serve and file a notice and a supporting declaration advising the court of that party’s inability to dismiss the case within the prescribed time, showing good cause for its inability to do so, and proposing an alternative date for dismissal. The notice and a supporting declaration must be served and filed at least 5 court days before the time for requesting dismissal has elapsed. If good cause is shown, the court must continue the matter to allow additional time to complete the settlement. The court may take such other actions as may be appropriate for the proper management and disposition of the case.

Committee Notes

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1989, July 1, 2001, July 1, 2002, January 1, 2004, and January 1, 2006.)

(Subd (b) amended effective January 1, 2009; adopted effective January 1, 1989; previously amended effective July 1, 2002, January 1, 2004, and January 1, 2006.)

(Subd (c) amended effective July 1, 2013; adopted effective January 1, 1989; previously amended effective July 1, 2002, January 1, 2004, and January 1, 2006.)

(Subd (d) adopted effective January 1, 2009.)

(Subd (e) adopted effective January 1, 2009.)