Litigation
Feb. 5, 2015
Wrangling with whether and when actual trial begins
Taking a writ was thought to be the only way to challenge a voluntary dismissal, but sometimes opinions take wrong turns. By Gerald Knapton
A party can dismiss a case before trial starts, defeating a prevailing party's motion for fees based on an attorney fees clause in an agreement. Taking a writ was thought to be the only way to challenge a voluntary dismissal, but sometimes opinions take wrong turns.
Consider a recent opinion allowing an appeal and finding that a contractual arbitration was a "trial." The ruling is based on the undisputed similarity of th...
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