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  5. 176 Cal.App.3d 1191 (1986)
 

D & J, INC. v. FERRO CORP.

Docket No. G001428.

176 Cal.App.3d 1191 (1986)

222 Cal. Rptr. 656

D & J, INC., Plaintiff and Respondent, v. FERRO CORPORATION, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

January 28, 1986.

Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher and Frederick R. Wirtz for Defendant and Appellant.

John W. Dumas for Plaintiff and Respondent.

OPINION

CROSBY, J.

Is a dismissal of an action at the request of the plaintiff after the commencement of trial "voluntary," thus precluding an award of attorneys fees under Civil Code section 1717? Yes.

I

(1) D & J, Inc. sued Ferro Corporation for breach of contract. During an in limine examination of the first witness, plaintiff moved to dismiss the action with prejudice. (Former Code...

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