Docket No. L.A. 31334.

29 Cal.3d 781 (1981)

632 P.2d 217

175 Cal. Rptr. 104

W.G. WELLS, Plaintiff and Respondent, v. MARINA CITY PROPERTIES, INC., et al., Defendants and Appellants.

Supreme Court of California.

August 6, 1981.

Attorney(s) appearing for the Case


Latham & Watkins, A. Victor Antola and Stephen L. Jones for Defendants and Appellants.

Gerald M. Siegel for Plaintiff and Respondent.



We examine and resolve an apparent conflict between two subdivisions of Code of Civil Procedure section 581. (All further statutory references are to that code unless otherwise cited.) Subdivision 1 gives a plaintiff a right to dismiss his action without prejudice "at any time before the actual commencement of trial." Subdivision 3, on the other hand, affords a defendant a right to obtain dismissal of such action...

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