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P1063 After a demurrer is sustained with leave to amend, if plaintiff fails to amend within the time allowed and either party moves for dismissal, the court has discretion to dismiss with prejudice, but not without prejudice; a defendant in whose favor a dismissal is entered is entitled to costs regardless of whether the dismissal is with or without prejudice; upon the dismissal with prejudice of an amended complaint in which plaintiff claimed the contract in question called for the award of attorney fees to the prevailing party, attorney fees should be awarded to a defendant who was named in the original complaint and in prior amended complaints to which demurrers were sustained, but not named in the amended complaint that was dismissed without prejudice.CitationCANO v GLOVER (Dismissal With Prejudice) 143 CA4 326 [See: CCP 581, 1032; Parsons v Umansky 28 CA4 867, T/AT 11/94; Reynolds v Bement 36 C4 1075, T/AT 9/05]
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