PRETRIAL ADJUDICATION
...Dismissal
......Voluntary: With or W/out Prejudice
 13 Cards On This Topic:
  • Voluntary dismissal with or without prejudice?
  • Once gen’l demurrer sustained with leave, and P fails to amend, P cannot voluntarily dismiss without prejudice, even though judgment of dismissal on demurrer not yet entered.
  • Trial court erred in vacating P's voluntary dismissal, w/out prejudice, of Fresno action where there was no "commencement of trial," and thus P's right to dismiss under CCP 581 was not cut off.
  • P had statutory right to dismiss its case without prejudice, even on eve of hearing.
  • Ps' request for dismissal without prejudice, filed before trial and before SJ opposition due, was valid—trial court exceeded jurisdiction in granting Ds' motion for SJ.
  • GAL in medical malpractice case had the authority to dismiss minor's action without prejudice and without court approval.
  • Court erred in concluding it lacked jurisdiction to vacate voluntary dismissal where P dismissed after hearing tentative ruling sustaining D’s demurrer without leave to amend.
  • Trial court erred in allowing M's counsel to withdraw before new attorney retained, then vacating M's voluntary dismissal and granting Ds' SJ.
  • P may dismiss action without prejudice, after demurrer to complaint sustained with leave to amend until expiration of time to amend.
  • Although P’s right to voluntarily dismiss action before commencement of trial not absolute, there was no "trial of the issues" so as to preclude P from dismissing action without prejudice.
  • P may dismiss action or party after "partial summary judgment" [summary adjudication] without prejudice; if other limitations permit, may pursue allegations anew on issues remaining after summary adjudication.
  • P’s execution of release of all claims and dismissal with prejudice operated as common law retraxit and had effect of judgment on merits, barring any subsequent litigation.
  • Ct. without subj matter jurisd’n to act further after entry of voluntary dismissal without prej. under Code Civ. Proc. §581, except to award costs and statutory attorney’s fees.


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