Judge: Erick L. Larsh, Case: 30-2020-01164231-CU-BC-CJC, Date: 2022-11-02 Tentative Ruling

Defendants Human Designs Prosthetic and Orthotic Laboratory, Inc., Scott Mccutcheon, Chao Pham, And Incentadvise, Inc.’s Motion for Summary Judgment

The court is inclined to order this motion off calendar as moot.

The motion for summary judgment seeks judgment on the complaint only, and no other pleading. (ROA No. 45 [4/29/22 Notice of Motion & Motion at p. 2].)

Plaintiff Indago Inc. has dismissed the complaint as of 10/13/22. (ROA No. 50.)

Plaintiff’s right to dismiss its complaint before trial is absolute. The clerk of the court has no discretion to refuse to enter the dismissal; and the court has no power to set it aside against plaintiff’s will. (Code Civ. Proc., § 581, subd. (c) [“A plaintiff may dismiss his or her complaint, or any cause of action asserted in it, in its entirety, or as to any defendant or defendants, with or without prejudice prior to the actual commencement of trial.”]; see O'Dell v. Freightliner Corp. (1992) 10 Cal.App.4th 645, 659.)

Contrary to defendants’ contentions (see ROA No. 55), Code of Civil Procedure section 581, subdivision (i) (section 581(i)), does not provide otherwise. What section 581(i) prohibits is plaintiff’s dismissal of the entire action where a cross-complaint has been filed. (Code Civ. Proc., § 581, subd. (i).) Once a cross-complaint has been filed, plaintiff cannot dismiss the entire action, but plaintiff may still dismiss its complaint, which is precisely what plaintiff has done here. (Code Civ. Proc., § 581, subd. (c); Sanabria v. Embrey (2001) 92 Cal.App.4th 422, 425.)

Clerk shall give notice.