ONCALL
...PreTrial Adjudication
......Dismissal
4 Cards On This Topic:

Under CCP §581(e) court erred in not allowing plaintiff to voluntarily dismiss his case after parties rested at trial, but before closing arguments; CC §1717 prevailing party fees awarded to defendant in error.

Trial ct. did not abuse discretion in denying defendant's late filed sentencing recall petition under the Three Strikes Reform Act where delay in filing was lengthy and unexplained.

Vexatious litigant cannot circumvent the vexatious litigant statutes by having another file a complaint on his behalf, but dismissal of non-vexatious litigant's separate and personal claims was improper.

No error in granting CCP §473(b) relief where P's attorney mistakenly failed to pay change of venue fee; P not required to bring CCP §1008 motion for reconsideration.