Merritt

I. DISCUSSION

Section 581 permits a plaintiff to voluntarily dismiss, with or without prejudice, a case or any cause of action before “the actual commencement of trial.” (§ 581, subds. (b)(1), (c).) “Apart from certain . . . statutory exceptions, a plaintiff’s right to a voluntary dismissal [before commencement of trial pursuant to section 581] appears to be absolute. [Citation.] Upon the proper exercise of that right, a trial court would thereafter lack jurisdiction to enter further orders in the dismissed action.” (Wells v. Marina City Properties, Inc. (1981) 29 Cal.3d 781, 784.)

2 The cross-complaint sought declaratory relief, specifically, that “[t]he two modified loan agreements have not been rescinded or terminated.” 3 All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

A. ABANDONMENT

A plaintiff must bring its action to trial “within five years after the action is commenced against the defendant.” (§ 583.310.) “If this deadline is not met, the action ‘shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties . . . .’ (§ 583.360, subd. (a).) ‘The requirements of this…