Does section 581 of the California Code of Civil Procedure allow a plaintiff to voluntarily dismiss their case?

California, United States of America


The following excerpt is from Kelley v. Bredelis, 45 Cal.App.4th 1819, 53 Cal.Rptr.2d 536 (Cal. App. 1996):

Coexistent with the statutes providing for judicial arbitrations is section 581, which allows a plaintiff to dismiss his case at any time before the actual commencement of the trial. As the court noted, this right to voluntary dismissal appears to be absolute. However, recognizing its "statutory duty to construe each provision of the Code of Civil Procedure liberally and with a view to effect its objects and promote justice. [Citation.]" (Justus v. Atchison (1977) 19 Cal.3d 564, 579, 139 Cal.Rptr. 97, 565 P.2d 122, overruled on other grounds Ochoa v. Superior Court (1985) 39 Cal.3d 159, 171, 216 Cal.Rptr. 661, 703 P.2d 1), the court found that "permitting [plaintiffs] to voluntarily dismiss without prejudice defeats the express legislative purpose of 'expediting and removing complexities from the judicial process relating to small civil claims....' [Citation.] Such a construction of the interrelationship of the relevant statutes produces absurd consequences and promotes [45 Cal.App.4th 1826] mischievous lawyering. [p] No party has the right to avoid

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