When an underlying action is voluntarily dismissed, can the underlying action be dismissed?

California, United States of America

The following excerpt is from Morris v. Smith, F068758 (Cal. App. 2015):

When the underlying action is voluntarily dismissed, "'"the court examines the record 'to see if the disposition reflects the opinion of the court or the prosecuting party that the action would not succeed.'" [Citations.]' [Citation.] 'Should a conflict arise as to the circumstances of the termination, the determination of the reasons underlying the dismissal is a question of fact.'" (Sycamore Ridge Apartments LLC v. Naumann (2007) 157 Cal.App.4th 1385, 1399 (Sycamore Ridge).)⁸

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