California Court of Appeal

In an action seeking damages for delays in performance of a subcontract and recovery on a performance bond, trial court's grant of defendant's motion to vacate the voluntary dismissal of the earlier action between the parties is reversed where the plaintiff's voluntarily dismissal of the earlier action pursuant to Code of Civ. Pro. sec. 581 was timely as there was no commencement of trial, and thus plaintiff-s right to dismiss under sec. 581 was not cut off.

Appellate Information

• Decided 05/21/2009
• Published 05/21/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lax & Stevens, Paul A. Lax and Donna E. Kirkner, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Peckar & Abramson, James L. Ferro and Christopher S. Frederick, Los Angeles, for Defendants and Respondents.