Postjudgment ProcedureAbandonment

Section § 1268.510

Explanation

This law says that after starting a legal case, the person who filed it can choose to abandon it, in full or in part, by notifying the other party and the court. This must be done within 30 days after the final judgment. If someone involved in the case can show that stopping the case would significantly harm them because they relied on it, they can ask the court to reverse the decision to abandon it. The court can do this if it finds that reversing the abandonment is fair. If no one asks to change the abandonment or if such a request is denied, the court can officially dismiss the case.

(a)CA Civil Procedure Code § 1268.510(a) At any time after the filing of the complaint and before the expiration of 30 days after final judgment, the plaintiff may wholly or partially abandon the proceeding by serving on the defendant and filing in court a written notice of such abandonment.
(b)CA Civil Procedure Code § 1268.510(b) The court may, upon motion made within 30 days after the filing of such notice, set the abandonment aside if it determines that the position of the moving party has been substantially changed to his detriment in justifiable reliance upon the proceeding and such party cannot be restored to substantially the same position as if the proceeding had not been commenced.
(c)CA Civil Procedure Code § 1268.510(c) Upon denial of a motion to set aside such abandonment or, if no such motion is filed, upon the expiration of the time for filing such a motion, the court shall, on motion of any party, enter judgment wholly or partially dismissing the proceeding.
abandonment of proceeding final judgment written notice ...