Is a plaintiff entitled to dismiss his action under section 581 of the Code of Civil Procedure?

California, United States of America


The following excerpt is from Acuna v. Gunderson Chevrolet, Inc., 19 Cal.App.4th 1467, 24 Cal.Rptr.2d 62 (Cal. App. 1993):

As to Code of Civil Procedure section 581, subdivision (c), appellant argues that he was entitled to dismiss his action under this section because no trial had commenced in the superior court at the time he requested dismissal. This argument is flawed. The commencement of trial in a small claims case occurs in the small claims court. Although the appeal consists of a de novo hearing, this fact "does not detract from the appellate character of the proceeding." (Mumaw v. City of Glendale (1969) 270 Cal.App.2d 454, 460, 76 Cal.Rptr. 245.)

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