Sanabria

Plaintiff and appellant John Sanabria appeals from the order awarding costs and attorney fees in favor of defendants and respondents Robert and Gloria Embrey. Sanabria contends the Embreys failed to timely file their memorandum of costs and motion for attorney fees following the voluntary dismissal of his complaint. We agree and reverse.

Facts and Procedural Background

On July 17, 1997, Sanabria filed his complaint against the Embreys. Charles Scherer intervened in the action. Sanabria cross-complained against Scherer.

On November 19, 1999, Sanabria filed with the clerk a request for voluntary dismissal without prejudice of his complaint against the Embreys. Dismissal was entered by the clerk the same day. Sanabria served and filed a notice of entry of dismissal on December 1, 1999. At the time of Sanabria’s voluntary dismissal of his complaint against the Embreys, Scherer’s complaint in intervention and Sanabria’s cross-complaint against Scherer were still pending, but the Embreys were no longer parties to the action. The complaint in intervention and the cross-complaint were subsequently resolved, and a judgment was entered in favor of Scherer on March 16, 2000.…