Is a motion to dismiss under section 581, subdivision (3) of the California Code of Civil Procedure valid?

It has always been the policy of the courts in California to resolve a dispute on the merits of the case rather than allowing a dismissal on technicality. As stated in Gould v. Stafford (1894) 101 Cal. 32, 34, 35 P. 429: "The rule is that courts will be liberal in allowing an amendment to a pleading when it does not seriously impair the rights of the opposite party...." The trial court's order granting the motion to dismiss under former section 581, subdivision (3), was in excess of its jurisdiction and resulted in the unjust dismissal of plaintiff's action at a very early stage in the proceedings.

For these reasons, I would reverse the order entered below.

1 All sectional references are to the Code of Civil Procedure unless otherwise specified.

2 Section 581, subdivision (3), was redesignated section 581, subdivision (c) in 1984, without substantive change.