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GUILLEN v. PIERCE COUNTY

No. 31258-1-II.

110 P.3d 1184 (2005)

Ignacio GUILLEN as Legal Guardian for Jennifer Guillen and Alma Guillen, minors; and Mariano Guillen, as Legal Guardian for Paulina Guillen and Fatima Guillen, Respondents, v. PIERCE COUNTY, a municipal corporation, and The Estate of Clementina Guillen-Alejandre, Appellants.

Court of Appeals of Washington, Division 2.

April 27, 2005.

Attorney(s) appearing for the Case

Salvador Alejo Mungia, Gordon Thomas Honeywell, John Bradley Buckhalter, Malanca Peterson & Daheim LLP, Tacoma, WA, for Respondents.

Daniel Ray Hamilton, Attorney at Law, Deputy Pros. Atty., Tacoma, WA, for Petitioners.

ARMSTRONG, J.

¶1 The Guillens brought two identical suits against Pierce County, voluntarily dismissed both under CR 41(a)(1)(B), and refiled the same suit a third time. Pierce County appeals the trial court's denial of its CR 12(b)(1) motion to dismiss the third suit under CR 41(a)(4), the "two dismissal rule." Because under CR 41(a), a plaintiff's second unilateral voluntary dismissal is automatically with prejudice, and because the Guillens have not shown...

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