Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed?

California, United States of America

The following excerpt is from deSaulles v. Cmty. Hosp. of the Monterey Peninsula, 202 Cal.Rptr.3d 429, 32 A.D. Cases 1069, 370 P.3d 996, 62 Cal.4th 1140 (Cal. 2016):

or damages, as long as the judgment met the trial court's jurisdictional limit; or (2) a defendant as to whom the action was dismissed. (Stats. 1933, ch. 744, 191, p. 1901 [consolidating former 1022, 10241026].) In all other actions, the court had discretion under section 1032 to award and allocate costs. (Stats. 1933, ch. 744, 191, p. 1901.) The cost statutes apparently codified case law interpreting a voluntary dismissal as a judgment in the defendant's favor (Spinks v. Superior Court (1915) 26 Cal.App. 793, 795, 148 P. 798 [a voluntary dismissal determines

[202 Cal.Rptr.3d 435]

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)

In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)

In a declaratory relief action, in what circumstances will the court order a judgment of dismissal rather than a declaration of dismissal? (California, United States of America)

Is there any reason to dismiss a motion to dismiss an action brought by an individual against an individual who is also a partnership and corporate defendant? (California, United States of America)

Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)

Does a prior judgment dismissing a declaratory relief action to establish parental relationship with child conceived by artificial insemination with anonymous donor preclude a subsequent breach of contract action? (California, United States of America)

Can a motion to dismiss an appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling be dismissed for mootness? (California, United States of America)

In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)

Is a defendant who has received the benefit of a voluntary dismissal of an action against it a prevailing or successful party? (California, United States of America)

How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)

Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources