Legal Opinion

M & R PROPERTIES v. Thomson

California Court of Appeal

Decided December 11, 1992No. A056593PublishedCited by 17 opinions

1Opinion of the Court

Opinion

STEIN, J.

This case presents an issue of first impression: whether a plaintiff can obtain a voluntary dismissal of an action after the defendant has obtained a ruling dismissing the same action involuntarily, but before the order for involuntary dismissal has been filed. The trial court found that in such circumstances the plaintiff had no right to a voluntary dismissal. We agree.

On July 11, 1986, plaintiffs M & R Properties, Rex Nordson and Maria Nordson filed a complaint against defendants estate of Dr. William Dubilier, Edward N. Thomson and Joseph Bachert. The complaint was brought,…

2Cases cited5 opinions

  1. Wells v. Marina City Properties, Inc.California Supreme Court · 1981
  2. Christensen v. Dewor DevelopmentsCalifornia Supreme Court · 1983
  3. London v. MorrisonCalifornia Court of Appeal · 1950
  4. Cal-Vada Aircraft, Inc. v. Superior CourtCalifornia Court of Appeal · 1986
  5. Elms v. Builders Disbursements, Inc.California Court of Appeal · 1991

3Cited by17 opinions

  1. Kyle v. CarmonCalifornia Court of Appeal · 1999
  2. Gonzales v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2014
  3. Sweat v. HollisterCalifornia Court of Appeal · 1995
  4. Mary Morgan, Inc. v. MelzarkCalifornia Court of Appeal · 1996
  5. Cano v. GloverCalifornia Court of Appeal · 2006

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