Does the voluntary dismissal of the pleading that gave rise to the current cross-complaint in an intervention matter have any effect on the viability of the cross-Complaint?

California, United States of America


The following excerpt is from Pifer v. Pifer, D072582 (Cal. App. 2018):

6. There is no discussion in the briefs on appeal about the effect of the dismissal of the complaint in intervention, without prejudice, upon the viability of the current cross-complaint. Because of the wide ranging nature of the cross-complaint's allegations, we do not consider its allegations to be moot because of the voluntary dismissal of the pleading that gave rise to it. (See Bogardus v. Santa Ana Walnut Growers Assn. (1940) 41 Cal.App.2d 939, 952 [some issues can remain for trial court in an intervention matter even after dismissal of a related cause of action].)

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