Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed?

California, United States of America


The following excerpt is from deSaulles v. Cmty. Hosp. of the Monterey Peninsula, 202 Cal.Rptr.3d 429, 32 A.D. Cases 1069, 370 P.3d 996, 62 Cal.4th 1140 (Cal. 2016):

or damages, as long as the judgment met the trial court's jurisdictional limit; or (2) a defendant as to whom the action was dismissed. (Stats. 1933, ch. 744, 191, p. 1901 [consolidating former 1022, 10241026].) In all other actions, the court had discretion under section 1032 to award and allocate costs. (Stats. 1933, ch. 744, 191, p. 1901.) The cost statutes apparently codified case law interpreting a voluntary dismissal as a judgment in the defendant's favor (Spinks v. Superior Court (1915) 26 Cal.App. 793, 795, 148 P. 798 [a voluntary dismissal determines

[202 Cal.Rptr.3d 435]

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