Franklin Capital Corp. v. Wilson
California Court of Appeal
55 Cal. Rptr. 3d 424 (2007)
Franklin (plaintiff) sued Wilson (defendant) for loan default; after Franklin's attorney repeatedly missed court dates — a case-management conference, an order-to-show-cause hearing (leading to dismissal, later set aside for sanctions), and a mandatory settlement conference — the court set another dismissal/sanctions hearing. The day before that hearing, Franklin's attorney filed a voluntary dismissal without prejudice; Franklin's attorney then failed to appear at the hearing anyway, and the court proceeded to dismiss the case with prejudice. Franklin's motion to vacate was denied, and Franklin appealed.
Whether a plaintiff has the right to voluntarily dismiss a case without prejudice at any point until the actual commencement of trial.