§ 581.Dismissal of Action

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1. Judgment in General · Last amended 1994 · Last verified July 28, 2026

In one sentenceSection 581 is California's central dismissal statute, defining who can dismiss a civil action and when -- voluntarily before trial by request or stipulation, involuntarily for a party's non-appearance or under Chapter 1.5's delay-based rules, and, once trial has begun, only with prejudice unless the parties consent or the court finds good cause otherwise.

Full Text of § 581

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(a) As used in this section:

(1) "Action" means any civil action or special proceeding.

(2) "Complaint" means a complaint and a cross-complaint.

(3) "Court" means the court in which the action is pending.

(4) "Defendant" includes a cross-defendant.

(5) "Plaintiff" includes a cross-complainant.

(6) "Trial." A trial shall be deemed to actually commence at the beginning of the opening statement or argument of any party or his or her counsel, or if there is no opening statement, then at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence.

(b) An action may be dismissed in any of the following instances:

(1) With or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial, upon payment of the costs, if any.

(2) With or without prejudice, by any party upon the written consent of all other parties.

(3) By the court, without prejudice, when no party appears for trial following 30 days' notice of time and place of trial.

(4) By the court, without prejudice, when dismissal is made pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110).

(5) By the court, without prejudice, when either party fails to appear on the trial and the other party appears and asks for dismissal.

(c) A plaintiff may dismiss his or her complaint, or any cause of action asserted in it, in its entirety, or as to any defendant or defendants, with or without prejudice prior to the actual commencement of trial.

(d) Except as otherwise provided in subdivision (e), the court shall dismiss the complaint, or any cause of action asserted in it, in its entirety or as to any defendant, with prejudice, when upon the trial and before the final submission of the case, the plaintiff abandons it.

(e) After the actual commencement of trial, the court shall dismiss the complaint, or any causes of action asserted in it, in its entirety or as to any defendants, with prejudice, if the plaintiff requests a dismissal, unless all affected parties to the trial consent to dismissal without prejudice or by order of the court dismissing the same without prejudice on a showing of good cause.

(f) The court may dismiss the complaint as to that defendant when:

(1) Except where Section 597 applies, after a demurrer to the complaint is sustained without leave to amend and either party moves for dismissal.

(2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.

(3) After a motion to strike the whole of a complaint is granted without leave to amend and either party moves for dismissal.

(4) After a motion to strike the whole of a complaint or portion thereof is granted with leave to amend the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.

(g) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made under the applicable provisions of Chapter 1.5 (commencing with Section 583.110).

(h) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10.

(i) No dismissal of an action may be made or entered, or both, under paragraph (1) of subdivision (b) where affirmative relief has been sought by the cross-complaint of a defendant or if there is a motion pending for an order transferring the action to another court under the provisions of Section 396b.

(j) No dismissal may be made or entered, or both, under paragraph (1) or (2) of subdivision (b) except upon the written consent of the attorney for the party or parties applying therefor, or if consent of the attorney is not obtained, upon order of dismissal by the court after notice to the attorney.

(k) No action may be dismissed which has been determined to be a class action under the provisions of this code unless and until notice that the court deems adequate has been given and the court orders the dismissal.

(l) The court may dismiss, without prejudice, the complaint in whole, or as to that defendant when either party fails to appear at the trial and the other party appears and asks for the dismissal.

(m) The provisions of this section shall not be deemed to be an exclusive enumeration of the court's power to dismiss an action or dismiss a complaint as to a defendant.

End

Plain-English Summary

This section does double duty: it defines the vocabulary the rest of the dismissal statutes use, and it lays out most of the ways a California civil action can end short of a judgment on the merits. Its definitions reach further than the everyday meaning of the words — "action" covers special proceedings too, "complaint" includes a cross-complaint, "defendant" includes a cross-defendant, and a trial is deemed to commence at the opening statement, or at the swearing of the first witness, or the introduction of evidence if there's no opening statement.

Before trial starts, dismissal is largely in the plaintiff's hands. A plaintiff can dismiss the complaint, or any cause of action in it, entirely or as to particular defendants, with or without prejudice, by filing a written request or asking the court, and paying any costs due. All parties together can also stipulate to dismissal, with or without prejudice. The court can dismiss without prejudice when nobody appears for trial after 30 days' notice, when either party fails to appear and the other asks for dismissal, or when dismissal follows the delay-based rules of Chapter 1.5 (§ 583.110 and following).

Once trial has begun, the rules tighten. If the plaintiff abandons the case before final submission, the court must dismiss with prejudice — that's the default consequence of quitting partway through. Subdivision (e) softens that only slightly for a plaintiff-requested dismissal after trial starts: it's still with prejudice unless all affected parties consent to a dismissal without prejudice, or the court finds good cause to order it without prejudice anyway. The section also covers dismissals following a sustained demurrer or granted motion to strike where the plaintiff doesn't amend in time, requires an attorney's consent (or notice to the attorney) before certain voluntary dismissals, and bars dismissal of a certified class action without adequate notice and court approval.

Frequently Asked Questions

Can a plaintiff dismiss a case any time before trial starts?

Yes. Section 581(b)(1) lets the plaintiff dismiss, with or without prejudice, by written request to the clerk or by request to the court at any time before trial commences, upon payment of any costs owed.

When is a trial considered to have "commenced" for purposes of this section?

At the beginning of the opening statement or argument, or, if there's no opening statement, when the oath is administered to the first witness or evidence is first introduced.

What happens if a plaintiff abandons the case mid-trial?

Except where subdivision (e) applies, the court must dismiss the complaint with prejudice if the plaintiff abandons it after trial has commenced and before the case is finally submitted.

Can a plaintiff still get a dismissal without prejudice after trial has started?

Only if all affected parties consent to it, or the court finds good cause to order dismissal without prejudice under subdivision (e).

Does a plaintiff need anyone else's consent to voluntarily dismiss under this section?

Often yes — subdivision (j) generally requires the written consent of the party's own attorney, or notice to the attorney if consent can't be obtained, before certain voluntary dismissals can be entered.

Amendment History

Amended by Stats. 1993, Ch. 456, Sec. 9. Effective January 1, 1994.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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