Cal. Civ. Code § 32-31-10-3
Resolution before final adjudication; plaintiff's duty to file motion to dismiss
Operative Text
Sec. 3. The plaintiff in an eviction action shall file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication of the action, unless the plaintiff is seeking damages, including the retention of the tenant's security deposit.
Indiana Code § 32-31-10-3 establishes that when an eviction lawsuit is settled or otherwise resolved between the parties before a court reaches a final decision, the party who filed the eviction (the plaintiff) is required to formally ask the court to dismiss the case. This obligation does not apply if the plaintiff is still pursuing monetary damages, which includes keeping the tenant's security deposit. The rule is designed to ensure that resolved eviction cases do not remain open on court records unnecessarily.
Plain English — not legal advice.
Under Ind. Code § 32-31-10-3, a landlord who files an eviction action and then reaches a resolution with the tenant before the court issues a final ruling is generally expected to file a motion to dismiss the case promptly. Compliant operators typically track the status of pending eviction filings and take affirmative steps to close them out once a settlement or agreement is reached. This duty does not arise if the landlord is still pursuing damages or intends to retain the tenant's security deposit, in which case the case may continue on those grounds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-10-3 gives tenants a basis to expect that a landlord who has resolved an eviction dispute will formally move to dismiss the court action before a final ruling is entered. If a landlord fails to file that dismissal motion after a resolution has been reached, a tenant may have grounds to raise that failure in the proceeding or seek guidance from a tenant-rights organization about available options. Tenants should be aware that the landlord's obligation to dismiss does not apply when the landlord is still seeking damages, including a claim over the security deposit.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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