Groth Bros. Oldsmobile, Inc. v. Gallagher

In Groth Bros. Oldsmobile, Inc. v. Gallagher (2002) 97 Cal.App.4th 60, the court vacated a voluntary dismissal entered the same day as the hearing on a demurrer, where the plaintiff failed to oppose the demurrer and the trial court had already issued a tentative ruling sustaining it without leave to amend before the plaintiff filed for dismissal. The court held that allowing dismissal would make a mockery of the tentative ruling procedure. (Ibid.)