Cravens v. State Board of Equalization

[255]

Opinion

BARON, J.

Factual and Procedural Background

In this case we address the question of whether a trial court has the power to grant an unopposed defense motion for summary judgment where a request for dismissal without prejudice has been filed by plaintiff one day before the scheduled hearing date. Appellant Inez C. Cravens, plaintiff below, maintains that under Code of Civil Procedure section 581, subdivision (c), a claimant’s power to voluntarily dismiss his or her action before the commencement of trial is absolute. The trial court disagreed, and entered judgment in accordance with the order granting the summary judgment motion of respondents, the State Board of Equalization for the State of California and Richard Kelsey. We concur with the trial court, and hold that a plaintiff may not frustrate the summary judgment statute by interposing a voluntary dismissal without prejudice in lieu of opposition to a defendant’s motion. The plaintiff who waits until a motion for summary judgment has been filed, and the time for opposition has passed, to attempt to dismiss his or her complaint, is subject to the trial court’s continuing jurisdiction to hear and rule on the pending motion.

Appellant brought a complaint against defendants and respondents Board of Equalization and Kelsey and Janet Sulek

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deriving from an incident in which Kelsey, an employee of the Board of Equalization, attempted to conduct an on-site audit of a business establishment known as the “Hat Creek Saloon.” The complaint accused respondents of negligence in failing to treat appellant with respect and dignity and in a fair and equitable manner and in failing to investigate charges by her. The complaint also included a claim for “intentional tort” against these two parties which appears to be based on wrongful imprisonment and/or intentional infliction of emotional distress. The third cause of action included Sulek and was based on alleged deprivation of constitutional rights.

By motion dated July 6,1995, respondents moved for summary judgment, reserving a hearing date of January 24, 1996. Appellant did not file an opposition. Instead, on January 23, 1996, appellant filed a request for