PRETRIAL ADJUDICATION
...Dismissal
......Voluntary: Timing
 14 Cards On This Topic:
  • Voluntary dismissal prior to trial’s commencement, with or without prejudice.
  • Voluntary dismissal, with prejudice, after actual commencement of trial or without prejudice by consent of all or ct. order on good cause shown.
  • Fed. Rules Civ. Proc., rule 41(a)(1)(i) gives P absolute right to voluntarily dismiss before D files answer or SJ motion.
  • Once the hearing on the merits began at arbitration, it was too late for Ps to dismiss instant action without prejudice to avoid an attempt by Ds to recover atty. fees as prevailing party.
  • Trial court properly set aside P's dismissal where request to dismiss was untimely because it was filed after case was submitted for decision.
  • Because P timely filed his voluntary dismissal, trial court did not have jurisdiction to vacate it and then decide D’s motion for summary judgment.
  • Plaintiff retains right to voluntary dismissal at any time before a ruling by trial court on Code Civ. Proc. §425.16 motion.
  • Commencement of trial, terminating P’s right to dismiss voluntarily without prejudice, does not occur until expiration of time to amend after gen’l demurrer sustained.
  • P’s statutory right to voluntarily dismiss action without prejudice before trial is unimpaired by rules adopted per Trial Court Delay Reduction Act.
  • 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.
  • Partial SJ [now referred to as "summary adjudication"] does not constitute commencement of trial for purpose of voluntary dismissal statute because it leaves some questions of law or fact unresolved.
  • P’s right to dismiss complaint before actual commencement of trial is cut off by commencement of evidentiary proceedings before referee appointed in partition action.
  • P’s right to voluntary dismissal cut off no later than time of ruling effectively disposing of case, whether or not disposition involves adjudication of actual merits of case.
  • P may not dismiss without prejudice after summary judgment ordered for D, even if SJ ruling rendered through telephonic transmission.


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