Thayer v. Wells Fargo Bank

Reversing trial court's fee enhancement because there was no justification for increasing the lodestar award

Kurwa v. Kislinger

In Kurwa, our Supreme Court agreed, observing that a dismissal without prejudice unaccompanied by a stipulation to waive the statute is, in fact, sufficiently final.

Sierra Club v. San Joaquin Local Agency Form. Commn

Acknowledging the existence of “ ‘narrow exceptions to the general rule’ ”

California Crane School, Inc. v. National Commission for Certification of Crane Operators

Discussing the doctrine

Wells v. Marina City Properties, Inc.

In Wells, the California Supreme Court stated that the res judicata effect of a judgment of dismissal is limited where a trial court sustains a demurrer with leave to amend and the plaintiff declines to file an amended complaint.

Guseinov v. Burns

Concluding “substantial evidence supported the trial court's conclusion that disclosure was not required”

Christensen v. Dewor Developments

Finding prejudice because "[i]n addition to the fact that defendants incurred nearly $ 300 in court costs and over $ 2,000 in attorney's fees, the lengthy nature of the delays associated with plaintiffs' abortive attempt at litigation has, we are told, resulted in faded memories and lost records by subcontractors"

Conservatorship of Estate of McQueen

Distinguishing the separate statutory basis for each award

S.T v. Superior Court

Stating that “ trial court's failure to exercise its discretion generally requires reversal,” and that “ffimance is possible only if the appellate court can conclude the appellant suffered no prejudice either because it would have been an abuse of discretion to rule in the appellant's favor or because it is not reasonably probable that the appellant would have obtained a more favorable result had the court exercised its discretion”

Don Jose's Restaurant, Inc. v. Truck Ins. Exchange

In Don Jose's, the trial court granted the defendants' motion for summary adjudication on only two of the plaintiffs' 11 causes of action, and the parties then stipulated that pending plaintiffs' appeal from the order, the remaining counts would be dismissed without prejudice and the defendants would waive all applicable statutes of limitations.

Rule 8.520 - Briefs by parties and amici curiae; judicial notice