Harris v. Billings

Opinion

EPSTEIN, J.

The principal issue in this case is whether a plaintiff whose action is assigned to a trial court delay reduction program, and against whom no affirmative relief is sought, generally retains the right to voluntarily dismiss the action without prejudice prior to trial. We conclude that this plaintiff retained that right, and that the trial court acted in excess of its jurisdiction when, sua sponte and without notice, it vacated the dismissal without prejudice and entered an order dismissing the lawsuit with prejudice.

Factual and Procedural Summary

In October 1989, appellant…