Romadka v. Hoge

In Romadka v. Hoge (1991) 232 Cal. App. 3d 1231, the plaintiff's counsel filed an action in Santa Clara County and then re-filed the action in Santa Cruz County. Counsel then dismissed the Santa Clara County action and, mistakenly, checked "with prejudice" instead of "without prejudice" on the dismissal form. The trial court denied the plaintiff's motion to vacate or correct the dismissal. The appellate court held that it was an abuse of discretion to deny relief where counsel lacked authority to dismiss the action with prejudice. (232 Cal. App. 3d at p. 1237.) The attorney had authority to enter a request for dismissal without prejudice, but mistakenly checked the "with prejudice" box on the form. The court held that "plaintiffs' attorney's lack of authority invalidated her dismissal of the . . . action with prejudice" and that the trial court "abused its discretion in denying plaintiffs' motion to vacate the dismissal with prejudice." (Romadka v. Hoge, supra, 232 Cal. App. 3d at p. 1237.) "An attorney's unauthorized disposition of clients' substantive rights is invalid and a judgment based thereon is therefore void." (Id. at p. 1236.)