Cravens v. State Bd. of Equalization

In Cravens v. State Bd. of Equalization (1997) 52 Cal.App.4th 253, the plaintiff caused the clerk to enter a dismissal without prejudice one day before the scheduled hearing on the defendants' summary judgment motion, which was unopposed. The trial court granted the motion, having no notice of the dismissal and finding the defendants entitled to summary judgment based upon the motion. ( Id. at pp. 255-256.) The reviewing court affirmed, finding that once the time for opposition had passed, "entry of summary judgment in favor of defendants became a formality which plaintiff could not avoid by the stratagem of filing a last minute request for dismissal without prejudice." ( Id. at p. 257.)