Can a litigant dismiss an action to avoid further fees and costs?

It would be a sad day indeed if a litigant and his or her attorney could not dismiss an action to avoid further fees and costs, simply because they were fearful such a dismissal would result in a malicious prosecution action. It is common knowledge that costs of litigation, such as attorney's fees, costs of expert witnesses, and other expenses, have become staggering. The law favors the resolution of disputes. "This policy would be ill-served by a rule which would virtually compel the plaintiff to continue his litigation in order to place himself in the best posture for defense of a malicious prosecution [220 Cal.App.3d 345] action." (Leonardini v. Shell Oil Co. (1989) 216 Cal.App.3d 547 at p. 571, 264 Cal.Rptr. 883.)