Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. Any case for which all parties do not consent will be reassigned to a District Judge in the San Francisco, Oakland, or San Jose division.Step 1 Complete the following forms in blue or black ink: ☒ CIV-110 Request for Dismissal. ☒ CIV-120 Notice of Entry of Dismissal and Proof of Service. This letter can be marked without prejudice. The court found that the terms set out in the without prejudice correspondence were sufficiently certain and complete to constitute a binding agreement. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. Dawit Alemayehu and his attorneys shall dismiss the Action with prejudice within three (3) business days after receiving payment of the settlement amount. Usually such agreements are not filed. Dawit Alemayehu and his attorneys shall dismiss the Action with prejudice within three (3) business days after receiving payment of the settlement amount.