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P0891 In deciding whether to vacate a plaintiff's voluntary dismissal against a defendant while that defendant's motion for summary judgment is pending, the focus of the inquiry should be whether plaintiff requested dismissal in good faith or merely for tactical reasons to prevent summary judgment from being entered, and in the face of substantial evidence that plaintiff dismissed in the good faith belief that a global settlement required the dismissal, the trial court should not vacate it.CitationTIRE DISTRIBUTORS v COBRAE (Good Faith Dismissal) 132 CA4 538 [See: CCP 581; Cravens v State 52 CA4 253, T/AT 2/97; Mossanen v Monfared 77 CA4 1402, T/AT 3/00]
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