Can a court grant a motion to dismiss under section 581 of the California Code of Civil Procedure?

California, United States of America

The following excerpt is from Mason-Ealy v. Pomona Unified Sch. Dist., B278651 (Cal. App. 2018):

Code of Civil Procedure section 581, subdivision (f)(2) provides that a court "may dismiss the complaint as to that defendant . . . after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal."2 "The phrase 'may dismiss' means discretionary dismissal," and the provision affords the defendant the right to obtain a court order dismissing the action with prejudice. (Cano v. Glover (2006) 143 Cal.App.4th 326, 329-330 (Cano).)

We review a trial court's grant of a motion to dismiss under section 581, subdivision (f)(2) for abuse of discretion. (Harlan v. Department of Transportation (2005) 132

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