Carroll

Carroll v. Import Motors, Inc.

Good Law

1995 Cal. App. LEXIS 334·33 Cal. App. 4th 1429·39 Cal. Rptr. 2d 791·95 Daily Journal DAR 4418·95 Cal. Daily Op. Serv. 2583

Court of Appeal of CaliforniaApril 7, 1995A062754California3,520 words

Opinion

Kline, 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, 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 also challenges the post-judgment order awarding attorney fees to respondents Import Motors, Inc., doing business as BMW Concord (Import); Terry Lieb; Erin Custer; BMW Credit Corporation (BMW Credit); and BMW Leasing Corporation (BMW Leasing) in the second action. Import, in its cross-appeal, challenges the court’s order awarding it contractual attorney fees solely for work done in the second action. We shall affirm.

Statement of the Case and Facts

On November 30,1991, appellant went to Import’s dealership in Concord and traded in his leased 1988 BMW 325i automobile for a new 1992 model. Respondents…

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