California Court of Appeal

Denial of motion to dismiss with prejudice after sustaining of demurrer and plaintiff filed amended complaint failing to name defendant, and denial of motion for costs and attorney's fees, are reversed as plaintiff forfeited his right to dismiss without prejudice when he filed the fourth amended complaint and did not name defendant.

Appellate Information

• Decided 09/25/2006
• Published 09/25/2006

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Marc A. Frost and Erich F. Fock, Myer & Fock, Santa Barbara, for Appellant.


• For Appellees:
  
• Gregory J. Ramirez, Wasserman, Comden & Casselman, Oxnard, for Respondent.