Mary Morgan, Inc. v. Melzark

Opinion

STRANKMAN, P. J.

Summary judgment was granted to defendants when plaintiff failed to present controverting evidence after being granted a continuance for that purpose and instead used the continuance time period to file a request to dismiss the action without prejudice to reasserting the same claims challenged on the summary judgment motions. (Code Civ. Proc., §§ 437c, subd. (h), 581, subds. (b)(1), (c).) Plaintiff appeals, claiming it was entitled to dismiss the action despite the pendency of the motions and that the dismissal divested the trial court of its power to rule on the…