Viani

BACKGROUND

Plaintiffs sued Fair Oaks Estates, operator of an assisted living facility, asserting causes of action for negligence, breach of contract, and wrongful death arising from an alleged injury sustained by Debra Baker (the decedent) when a facility employee moved her. Plaintiffs alleged that the injury caused the decedent’s health to suddenly deteriorate, resulting in her death eight days later. The trial court ultimately granted a motion by Fair Oaks Estates for summary adjudication as to the negligence and wrongful death causes of action, but it denied summary adjudication of the breach of contract cause of action. The trial court also denied a subsequent motion to set aside the summary adjudication order. Rather than proceed to trial on the remaining breach of contract claim, plaintiffs voluntarily dismissed the entire action without prejudice and appealed from that voluntary dismissal. This court dismissed the appeal, concluding that “[a] voluntary dismissal . . . without prejudice is not an appealable judgment.” (Viani I, supra, C094672; see also Gassner v. Stasa (2018) 30 Cal.App.5th 346, 354 (Gassner); H.D. Arnaiz, Ltd. v. County of San Joaquin (2002) 96 Cal.App.4th…