Parsons

David Parsons, M.D., appeals the court order dismissing his action with prejudice and vacating his previously obtained dismissal without prejudice when he voluntarily dismissed following the sustaining of a demurrer during the period of time in which he was given leave to amend. For the following reasons, we reverse with directions to enter an order dismissing Parsons’s complaint without prejudice.

I

Parsons sued multiple defendants on various grounds. The trial court sustained a general demurrer to the entire complaint, giving Parsons 10 days to amend. Within the 10-day period and without amending, Parsons filed a dismissal of his complaint without prejudice, and the dismissal without prejudice was promptly entered. Learning of the dismissal order, the defendants moved the court to enter an order dismissing the action with prejudice. (Code Civ. Proc., § 581, subd. (f)(2). ) The court granted the defendants’ request and later denied Parsons’s motion to vacate that order. Parsons’s appeal contends he is statutorily entitled to voluntarily dismiss without prejudice any time before his time to amend has expired.

II

The sole issue presented is procedural; we need not…