Under CCP 581(e), a plaintiff may voluntarily dismiss his case, with prejudice, after the commencement of trial at least if done before submission of the case for decision. Here, plaintiff requested dismissal with prejudice after the close of evidence but before submission of briefs in lieu of closing argument. Held, plaintiff was entitled, as of right, to the dismissal she sought, and since the dismissal was voluntary, there was no prevailing party in the action under Civ. Code 1717(b)(2), so the trial court erred in awarding defendant attorney fees pursuant to contract.
California Court of Appeal, Second District, Division 4 (Collins, J.); April 17, 2018; 2018 WL 1804993