PRETRIAL ADJUDICATION
...Dismissal
......Voluntary: Restrictions on Dismissal
11 Cards On This Topic:

Dismissal with or without prejudice by written consent of all parties.

No dismissal where affirmative relief sought by D’s cross-complaint.

No dismissal where pending motion for order transferring to other ct.

Voluntary dismissal, with prejudice, after actual commencement of trial or without prejudice by consent of all parties or ct. order on good cause shown.

Court approval required to dismiss after class certification.

To permit P to voluntarily dismiss without prejudice after filing for trial de novo following arbitration award favoring Ds would defeat purpose of judicial arbitration.

Voluntary dismissal inappropriate where D requested affirmative relief in answer.

P has absolute right to dismiss complaint at any time before trial where no D has sought affirmative relief through valid cross-complaint or otherwise.

Parties cannot create appealable order from nonappealable SA grant by dismissing remaining causes of action without prejudice by means of artificial stipulation.

Parties cannot stipulate to dismiss remaining cause of action without prejudice in attempt to create appealable order from nonappealable SJ/SA grant.

1992 amend. to Code Civ. Proc. §473 mandating relief from dismissal resulting from attorney mistake, etc., not applicable to voluntary dismissal per settlement agreement.