California Court of Appeal

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Pielstick v. MidFirst Bank, B247106

Dismissal, with prejudice, of plaintiff's second amended complaint arising out of a nonjudicial foreclosure sale of property previously owned by plaintiff is affirmed, where: 1) the demurrer hearing where plaintiff made his request for voluntary dismissal was a "trial" within the meaning of Code of Civil Procedure section 581; and 2) the trial court did not err in denying plaintiff's oral request at the hearing on the demurrer to voluntarily dismiss his case without prejudice pursuant to Code of Civil Procedure section 581.

Appellate Information

  • Decided 03/26/2014
  • Published 03/26/2014




  • California Court of Appeal