In Datner v. Mann Theatres Corp. (1983) 145 Cal. App. 3d 768, plaintiff voluntarily dismissed without prejudice prior to the hearing on defendant's demurrer. The trial court vacated dismissal and thereafter sustained the demurrer without leave to amend. Defendant, going outside the record, informed the reviewing court that the trial judge had issued a tentative ruling during an in-chambers conference indicating his intention to sustain the demurrer. The reviewing court reversed, holding that the trial court lacked jurisdiction to vacate the dismissal and sustain the demurrer. ( Id. at pp. 770-771.)