Is a motion to dismiss a defendant without prejudice invalid?

In Cano v. Glover, the appellate court held the trial court erroneously dismissed the defendant without prejudice (Cano v. Glover, supra, 143 Cal.App.4th at p. 328), explaining, "the dismissal without prejudice puts defendant in perpetual limbo, even on the issue of costs and attorney fees. Plaintiff forfeited his right to dismiss without prejudice when he filed the fourth amended complaint and did not name defendant. [Citations.] The failure to amend and state a cause of action against defendant is an admission that plaintiff has stated the case as strongly as he can and there are no facts that could be alleged to cure the defect" (id. at p. 330).