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GRAY v. SUPERIOR COURT

Docket No. A075386.

52 Cal.App.4th 165 (1997)

LENDAL GALEN GRAY, Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; DENNIS R. HUNTER, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

January 23, 1997.

Attorney(s) appearing for the Case

COUNSEL

Passalacqua, Mazzoni & Gladden, Thomas R. Passalacqua and Lourdes Lopez for Petitioner.

No appearance for Respondent.

Clement, Fitzpatrick & Kenworthy and Clayton E. Clement for Real Party in Interest.

OPINION

SNOWDEN, J.*

In this case we hold that a plaintiff's right to dismiss his complaint "at any time before the actual commencement of trial" (Code Civ. Proc., § 581, subd. (b)(1))1 is cut off by the commencement of evidentiary proceedings before a referee appointed in a partition action.

Petitioner Lendal Galen Gray is a defendant in an action for partition...

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