In Gogri v. Jack in the Box, Inc. (2008) 166 Cal.App.4th 255, the plaintiff voluntarily dismissed his complaint without prejudice while the defendant's motion for summary judgment was pending. (Id. at p. 260.) At the defendant's request, the trial court vacated the dismissal and granted the defendant's motion for summary judgment. (Ibid.) On appeal, we held that, because the voluntary dismissal was timely filed, the court did not have jurisdiction to decide the motion for summary judgment. (Id. at p. 259.)