Cravens v. State Board of Equalization

Opinion

BARON, J.

Factual and Procedural Background

In this case we address the question of whether a trial court has the power to grant an unopposed defense motion for summary judgment where a request for dismissal without prejudice has been filed by plaintiff one day before the scheduled hearing date. Appellant Inez C. Cravens, plaintiff below, maintains that under Code of Civil Procedure section 581, subdivision (c), a claimant’s power to voluntarily dismiss his or her action before the commencement of trial is absolute. The trial court disagreed, and entered judgment in accordance with the…