(a) Court approval of dismissal A dismissal of an entire class action, or of any party or cause of action in a class action, requires court approval. The court may not grant a request to dismiss a class action if the court has entered judgment following final approval of a settlement. Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail. (Subd (a) amended effective January 1, 2009; adopted as untitled subd effective January 1, 1984; previously amended and lettered as subd (a) effective January 1, 2002; previously amended effective January 1, 2007.)
Rule 3.770.Dismissal of class actions
Division 7. Civil Case Management · Chapter 6. Management of Class Actions · Last amended 2009 · Last verified July 29, 2026
In one sentenceRule 3.770 requires court approval before dismissing a class action, or any party or cause of action within one, and it requires disclosure of any consideration exchanged for the dismissal along with rules for a hearing and notice to the class.
Full Text of Rule 3.770
(b) Hearing on request for dismissal The court may grant the request without a hearing. If the request is disapproved, notice of tentative disapproval must be sent to the attorneys of record. Any party may seek, within 15 calendar days of the service of the notice of tentative disapproval, a hearing on the request. If no hearing is sought within that period, the request for dismissal will be deemed denied. (Subd (b) amended effective January 1, 2007; adopted as untitled subd effective January 1, 1984; previously amended and lettered as subd (b) effective January 1, 2002.)
(c) Notice to class of dismissal If the court has certified the class, and notice of the pendency of the action has been provided to class members, notice of the dismissal must be given to the class in the manner specified by the court. If the court has not ruled on class certification, or if notice of the pendency of the action has not been provided to class members in a case in which such notice was required, notice of the proposed dismissal may be given in the manner and to those class members specified by the court, or the action may be dismissed without notice to the class members if the court finds that the dismissal will not prejudice them. (Subd (c) amended effective January 1, 2007; adopted effective January 1, 2002.)
Plain-English Summary
Dismissing a class action is not like dropping an ordinary case. Rule 3.770 requires court approval before dismissing the entire action, or any party or cause of action within it, and it forbids granting a dismissal request once the court has already entered judgment on a settlement. Because a dismissal can be used to buy off a plaintiff or the case at the expense of the class, the rule requires the dismissal request to come with a declaration setting out the facts relied on, stating plainly whether any consideration — direct or indirect — is being exchanged for the dismissal, and describing that consideration in detail.
The court does not need a hearing to grant a dismissal request, but if it leans toward disapproving one, it must send the attorneys of record a notice of tentative disapproval first. Any party then has 15 calendar days to ask for a hearing; if nobody does, the request is deemed denied by default.
Whether the class hears about a dismissal depends on where the case stood. If the class was already certified and had received notice of the case, the class also gets notice of the dismissal, in whatever manner the court specifies. If certification never happened, or notice was never given even though it should have been, the court has discretion over whether and how to notify anyone — it can even let the dismissal go through without notifying the class at all, if it finds the dismissal will not prejudice them.
Frequently Asked Questions
Can a plaintiff voluntarily dismiss a class action the way they could dismiss an ordinary lawsuit?
No. Rule 3.770 requires court approval to dismiss an entire class action, or any party or cause of action within one, and bars dismissal once judgment has been entered on a settlement.
What has to be disclosed if a party receives something in exchange for a dismissal?
The declaration supporting the dismissal request must state clearly whether any direct or indirect consideration is being given for the dismissal and describe that consideration in detail.
What happens if the court is inclined to deny a dismissal request?
The court sends a notice of tentative disapproval to the attorneys of record, and any party has 15 calendar days to seek a hearing. If no one does, the request is deemed denied.
Do class members always get notified when a class action is dismissed?
Not always. If the class was certified and previously notified of the case, notice of the dismissal follows. Otherwise, the court has discretion, and can allow dismissal without notice if it finds the class will not be prejudiced.
Amendment History
Rule 3.770 amended effective January 1, 2009; adopted as rule 365 effective January 1, 1984; previously amended and renumbered as rule 1860 effective January 1, 2002, and as rule 3.770 effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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