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M & R PROPERTIES v. THOMSON

Docket No. A056593.

11 Cal.App.4th 899 (1992)

14 Cal. Rptr.2d 579

M & R PROPERTIES et al., Plaintiffs and Appellants, v. EDWARD N. THOMSON, as Co-executor, etc., et al., Defendants and Respondents.

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

December 11, 1992.

Attorney(s) appearing for the Case

COUNSEL

Michael James Moriatry and John Daniel for Plaintiffs and Appellants.

William E. Gwatkin III for Defendants and Respondents.

OPINION

STEIN, J.

This case presents an issue of first impression: whether a plaintiff can obtain a voluntary dismissal of an action after the defendant has obtained a ruling dismissing the same action involuntarily, but before the order for involuntary dismissal has been filed. The trial court found that in such circumstances the plaintiff had no right to a voluntary dismissal. We...

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