United Shippers, Inc. v. Superior Court

In United Shippers, Inc. v. Superior Court (1980) 104 Cal.App.3d 359, the court held that, by reason of the 1947 amendment to section 581, subdivision 1, a plaintiff did have the absolute right to dismiss after a demurrer to the complaint had been submitted to the court for a decision. In reaching that conclusion the court emphasized the language of the sentence added at the end of subdivision 1: "A trial shall be deemed to be actually commenced at the beginning of the opening statement of the plaintiff or his counsel, and if there shall be no opening statement, then at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence."