Legal Opinion
Carroll v. Import Motors, Inc.
California Court of Appeal
Decided April 7, 1995No. A062754PublishedCited by 11 opinions
1Opinion of the Court
Opinion
KLINE, P. J.
This case presents the novel question whether a plaintiff who voluntarily dismisses a complaint without prejudice may, as a matter of right, commence a new action alleging related causes of action which are also related to claims still pending in a cross-complaint in the original action without violence to Code of Civil Procedure section 426.30, 1 the compulsory cross-complaint statute.
Dennis R. Carroll, M.D., appeals the judgment of dismissal entered in Contra Costa County Superior Court pursuant to an order striking his first amended complaint without leave to amend. He…
2Cases cited10 opinions
- O'MORROW v. BoradCalifornia Supreme Court · 1946
- Rudd v. California Casualty General InsuranceCalifornia Court of Appeal · 1990
- Bank of Idaho v. Pine Avenue AssociatesCalifornia Court of Appeal · 1982
- Cal-Air Conditioning, Inc. v. Auburn Union School DistrictCalifornia Court of Appeal · 1993
- La Mesa-Spring Valley School District v. Nobuo OtsukaCalifornia Supreme Court · 1962
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
- Conopco, Inc. v. Roll International and Paramount Farms, Inc.Court of Appeals for the Second Circuit · 2000
- Martell v. Antelope Valley Hospital Medical CenterCalifornia Court of Appeal · 1998
- Align Technology, Inc. v. TranCalifornia Court of Appeal · 2009
- Chao Fu, Inc. v. Wen Ching ChenCalifornia Court of Appeal · 2012
6 more not listed; retrieve them via the Exa API.