Mary Morgan, Inc. v. Melzark (1996) 49 Cal. App. 4th 765, was a case in which the appellate court held that a plaintiff could not dismiss a complaint where the defendant had met its initial burden of entitlement to summary judgment, the hearing had begun and the plaintiff had been granted a continuance to obtain new evidence to meet its counter burden. ( Id. at pp. 767, 770-772.) The court concluded that in such circumstances a voluntary dismissal would "eviscerate the summary judgment procedure." ( Id. at p. 771.)