Cal-Vada Aircraft, Inc. v. Superior Court

Opinion

REGAN, Acting P. J.

In this case we decide whether a partial adjudication of issues pursuant to Code of Civil Procedure section 437c constitutes a “trial” under Code of Civil Procedure section 581, subdivision (a), the “voluntary dismissal” statute.

*438Petitioners Cal-Vada Aircraft, Inc., and Michael A. Brown (Cal-Vada) seek a writ of mandate to compel the trial court to vacate both its order setting aside Cal-Vada’s voluntary dismissal of cross-defendant Bussey without prejudice and its subsequent order dismissing Bussey with prejudice. Prior to trial, Cal-Vada filed a voluntary dismissal…