California Court of Appeal

Petitioner seeks a writ of mandate directing the trial court to set aside its order granting real parties' motion to vacate their dismissal. The peremptory writ of mandate is granted, where, since the real parties' tactical decision to voluntarily dismiss the underlying case without prejudice was not a void judgment or order, the trial court had no authority to set aside the dismissal as void under Code of Civil Procedure section 473(d).

Appellate Information

• Decided 10/17/2014
• Published 10/17/2014

Judges

Court

• California Court of Appeal

Counsel