Can a motion to dismiss be dismissed without prejudice?

In M & R Properties v. Thomson (1992) 11 Cal.App.4th 899, 14 Cal.Rptr.2d 579, the plaintiffs failed to bring the action to trial within five [42 Cal.App.4th 176] years and the defendants filed a motion to dismiss pursuant to Code of Civil Procedure section 583.310 which, if granted, would be a determination on the merits. The day prior to the hearing on the motion, the plaintiffs filed a request for a dismissal without prejudice. On the defendant's motion, the trial court vacated the plaintiffs' voluntary dismissal and granted the defense motion to dismiss for failure to bring the action to trial in five years. The plaintiffs appealed but the appellate court affirmed, holding that a plaintiff cannot defeat a defendant's right to obtain a determination on the merits by simply filing a voluntary dismissal when statutory authority entitles the defense to a final judgment. It follows that appellant cannot defeat respondents' motion for a terminating discovery sanction by filing a voluntary dismissal. The trial court properly rejected appellant's voluntary dismissal without prejudice.