Case Summary

0071 Once court has dismissed case pursuant to agreement of parties, court no longer has power to vacate dismissal except on request of parties to the litigation. A plaintiff who consented to dismissal of third party action, thereby depriving WC carrier of right to intervene, may be liable to WC carrier for resulting damage.

O'DELL v FREIGHTLINER (Untimely Intervention) 10 CA4 645 [See: LabC 3600, 3852, 3853, 3858, 3859, 3860; Board v Glover 34 C3 906; CCP 581(1)]