California Court of Appeal

In an action involving structured settlement payment transfers, trial court's denial of plaintiff's petition to dismiss is reversed and remanded where: 1) plaintiff is the transferee prosecuting the special proceeding, and thus the superior court erred in concluding that plaintiff could not seek dismissal of the Structured Settlement Transfer Act petition under section 581 because he did constitute a plaintiff under the terms of the statute; and 2) trial court must grant plaintiff's request for voluntary dismissal with or without prejudice under section 581(b)(1).

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Reed Smith, Margaret M. Grignon, Wendy S. Albers, Eric T. Jorgensen and Zareh A. Jaltorossian, Los Angeles;  McCormick, Barstow, James P. Wagoner and Todd W. Baxter, Fresno, for Plaintiff and Appellant., Horvitz & Levy, and Dean Alan Bochner, Encino, for Intervener.


• For Appellees:
  
• Judith Red Tomahawk, in propria persona, for Defendant and Respondent.