p0339 Prior to the date opposition to a motion for summary judgment is due and in the absence of a tentative ruling or other decision tantamount to an adjudication, a matter has not yet reached a stage where entry of judgment is a mere formality, so plaintiff has a right to voluntarily dismiss, and once a case is dismissed the court no longer has jurisdiction over it; without judicial approval a minor's guardian ad litem had the power to dismiss the minor's case without prejudice while a motion for summary judgment was pending.CitationZAPANTA v UNIVERSAL CARE (Voluntary Dismissal) 107 CA4 1167 [See: CCP 581, 372; Groth v Gallagher 97 CA4 60, P/AT 5/02; Cravens v State Bd of Equalization 52 CA4 253, T/AT 2/97; Harris v Billings 16 CA4 1396; Kyle v Carmon 71 CA4 901, T/AT 6/99]
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