Defendant challenged an entry of voluntary dismissal by the clerk of the Superior Court of Los Angeles County (California). Plaintiffs filed a motion to dismiss the appeal on the grounds that defendant was not aggrieved, the dismissal was in its favor; and defendant demanded no affirmative relief.
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Defendant filed its motion to strike and a demurrer to plaintiffs' amended complaint for damages alleged to have been suffered as a result of a breach of contract. On the request of plaintiffs, the action was dismissed. Defendant challenged the dismissal. Plaintiffs sought to dismiss the appeal. On review, the court found that when the complaint was voluntarily dismissed against defendant under Cal. Civ. Proc. Code § 581(1), it was as though no action had ever been filed. After such dismissal, defendant was a stranger to the action. By the clerk's entry of dismissal, no judicial act was exercised from which an appeal could be prosecuted.
The court granted plaintiffs' motion and dismissed defendant's appeal from the judgment of voluntary dismissal.