Gogri

Plaintiff Maheshkuimar Gogri appeals a judgment entered after the trial court granted the motion for summary judgment filed by defendant Jack in the Box Inc. (JIB). On appeal, Gogri contends the trial court erred by (1) vacating his voluntary dismissal filed prior to the court’s order granting JIB’s motion for summary judgment; (2) granting JIB’s motion for summary judgment; and (3) awarding attorney fees to JIB. We conclude that because Gogri timely filed his voluntary dismissal, the trial court did not have jurisdiction to decide JIB’s motion for summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 1988 Gogri and Chandra Haría became co-owners of a JIB franchise restaurant in San Jose. Gogri is an officer and director of the Haría and Gogri Corporation, which now owns four JIB franchise restaurants in California, including the original San Jose restaurant.

In 1995 Gogri, Haría and Adel Farag, pursuant to their partnership agreement, purchased five JIB franchise restaurants in Arizona, including one known as JIB 1165. In 2000 Gogri and Farag, pursuant to a separate partnership agreement, purchased a sixth JIB franchise restaurant in Arizona.

In February 2005, with…