CANO v. GLOVER
Where demurrer was sustained with leave to amend, defendant not named in amended complaint was entitled to dismissal with prejudice, and dismissal without prejudice was error. Defendant who was dismissed from action as a result of not being named in amended complaint was entitled to costs without regard to whether dismissal was with or without prejudice. Where plaintiff pleaded claim based on contract, and the contract contained an attorney fee clause, dismissed defendant was entitled to attorney fees based on reciprocal attorney fee provision of Civil Code Sec. 1717, and trial court erred in denying attorney fees based on court's determination that existence of contract had not been proven.
Comments on CANO v. GLOVER