Cravens

Factual and Procedural Background

In this case we address the question of whether a trial court has the power to grant an unopposed defense motion for summary judgment where a request for dismissal without prejudice has been filed by plaintiff one day before the scheduled hearing date. Appellant Inez C. Cravens, plaintiff below, maintains that under Code of Civil Procedure section 581, subdivision (c), a claimant’s power to voluntarily dismiss his or her action before the commencement of trial is absolute. The trial court disagreed, and entered judgment in accordance with the order granting the summary judgment motion of respondents, the State Board of Equalization for the State of California and Richard Kelsey. We concur with the trial court, and hold that a plaintiff may not frustrate the summary judgment statute by interposing a voluntary dismissal without prejudice in lieu of opposition to a defendant’s motion. The plaintiff who waits until a motion for summary judgment has been filed, and the time for opposition has passed, to attempt to dismiss his or her complaint, is subject to the trial court’s continuing jurisdiction to hear and rule on the pending…