Abandonment or Settlement

If you are appealing a limited civil case (a civil case involving an amount that is $25,000 or less) and you do not want to continue with the appeal, you must serve and file a Notice of Abandonment at the appellate division of the superior court in which you filed your Notice of Appeal. You can use Abandonment of Appeal (Limited Civil Case) (Form APP-107). This results in a dismissal of your appeal. If you paid any fees for preparing the record, you have the right to a refund of any unused portion of your payment.

If you are appealing in an unlimited civil case (such as a civil case involving an amount over $25,000 or a family law case) and you do not want to continue with the appeal:

• If the record on appeal has not yet been filed with the Court of Appeal, serve and file a written request or stipulation to abandon the appeal at the superior court in which you filed your Notice of Appeal. You can use an Abandonment of Appeal (Unlimited Civil Case) (Form APP-005). This results in a dismissal of your appeal.
• If the record already has been filed with the Court of Appeal, serve and file a written request or stipulation to dismiss in the Court of Appeal. You can use a Request for Dismissal of Appeal (Civil Case) (Form APP-007).

If, after a notice of appeal has been filed, the parties are able to agree on a settlement of the case, the appellant must immediately serve and file a Notice of Settlement letting the court know that the case is settled. In a limited civil case (a civil case involving an amount that is $25,000 or less), this notice must be filed with the appellate division of the superior court. In an unlimited civil case (such as a civil case involving an amount over $25,000 or a family law case), this notice must be filed with the Court of Appeal (if the record on appeal has not yet been filed in the Court of Appeal, a copy must also be served on the superior court clerk).

Within 45 days of filing the Notice of Settlement (or longer if ordered by the court), the appellant must either abandon or dismiss the appeal, depending on when the Notice of Settlement was filed.

For the requirements for a notice of settlement in the appellate division, read rule 8.825 of the California Rules of Court.

For the requirements for a notice of settlement in the Court of Appeal, read rule 8.244 of the California Rules of Court.