Harris

The principal issue in this case is whether a plaintiff whose action is assigned to a trial court delay reduction program, and against whom no affirmative relief is sought, generally retains the right to voluntarily dismiss the action without prejudice prior to trial. We conclude that this plaintiff retained that right, and that the trial court acted in excess of its jurisdiction when, sua sponte and without notice, it vacated the dismissal without prejudice and entered an order dismissing the lawsuit with prejudice.

Factual and Procedural Summary

In October 1989, appellant Marilyn Billings Harris brought this action against her brother Allan C. Billings, his company, A-l Coast Rentals, Inc., and Attorney Jay G. Foonberg, who had prepared documents relating to the Billings Family Trust. She sought declaratory and other relief involving rights in a parcel of property.

The case was assigned to the Los Angeles Superior Court “fast track” program. Appellant filed an at-issue memorandum on May 8, 1990. A status conference was held, and a status conference order was signed and filed on May 22, 1990. A discovery cutoff date of August 23, 1990, was established.

Intensive…