PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Other Grounds
 16 Cards On This Topic:
  • Misuses of the discovery process.
  • Monetary sanctions for failure to confer.
  • Types of sanctions.
  • Motion for sanctions.
  • Court may dismiss when demurrer sustained or motion to strike granted with leave to amend, and P fails to amend.
  • Court may dismiss when demurrer sustained or motion to strike granted without leave to amend, either party moves for dismissal.
  • Where health plan contained arbitration clause, and P failed to exhaust this dispute-resolution mechanism before suing, suit barred as clause neither unenforceable nor invalid.
  • Once gen’l demurrer sustained with leave, and P fails to amend, P cannot voluntarily dismiss without prejudice, but D may request dismissal.
  • P could have pursued other remedies besides Lab. Code 132a for the alleged discrimination against her; declining to amend her complaint foreclosed all possible remedies except the WCAB.
  • When P's deliberate and egregious misconduct makes any sanction other than dismissal inadequate to ensure a fair trial, trial court has inherent power to impose terminating sanction.
  • Trial court cannot dismiss without prejudice under CCP 581(f)(2) where P failed to name D in 4th amended complaint—after 4 unsuccessful attempts to state a cause of action against him, D should have repose.
  • Dismissal of complaint proper where no mandatory duty for Ds to provide beverage container redemption for consumers under BCRLRA and P could not pursue private right of action.
  • Reversible error to dismiss Law Firm's action for unpaid fees based on erroneous view dismissal was mandatory b/c Firm failed to give MFAA notice of client's right to arbitration; SJ for Firm should have been granted.
  • W who suffered injury because former H tortiously concealed c/p, preventing her fully presenting case in dissolution, is entitled to bring tort action based on the alleged concealment.
  • Sanction of dismissal proper for failure to comply with local fast track rules if ct. finds lesser sanctions ineffective based on failure of previous sanctions and lack of compliance.
  • D may serve and file notice of motion to stay or dismiss for inconvenient forum or to dismiss action under Code Civ. Proc. §418.10.


    •