Can a motion for a summary dismissal be made prior to trial?

It is not disputed that a plaintiff's right to request a dismissal under the conditions stated in that subsection is absolute; and when such a request is filed the dismissal is effective and the court has no jurisdiction to proceed in disregard of the dismissal. (Egly v. Superior Court (1970) 6 Cal.App.3d 476, 86 Cal.Rptr. 18.) The issue here is whether the October 6, 1978, request was timely.

In Goldtree v. Spreckels (1902) 135 Cal. 666, 67 P. 1091, after a demurrer had been sustained to two causes of action in the complaint, and prior to trial on the third, the plaintiff filed a written request for a dismissal of the action, which the clerk entered. Defendant's attorneys objected. The trial court ruled that a trial had been had when the court sustained the general demurrer to the two causes of action. It therefore set aside plaintiff's dismissal and entered judgment for defendant on the first two causes of action. Plaintiff appealed from the order cancelling the dismissal, and from the judgment.