PRETRIAL ADJUDICATION
...Dismissal
......Voluntary: Prevailing Party
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Under CCP §581(e) court erred in not allowing plaintiff to voluntarily dismiss his case after parties rested at trial, but before closing arguments; CC §1717 prevailing party fees awarded to defendant in error.

D not entitled to CC 1717(a) atty fees as prevailing party where action was voluntarily dismissed without prejudice [CC 1717(b)].

When K provides that prevailing party is entitled to atty fees and P dismisses with prejudice after trial starts, D not entitled to atty fees as prevailing party under CC 1717 nor CCP 998.

Trial court has discretion after voluntary pretrial dismissal to determine whether there is a prevailing party for purpose of an award of contractual attorney fees incurred in a tort action.

Where P voluntarily dismisses alleged SLAPP suit while special motion to strike pending, trial court may determine whether D is prevailing party for purposes of attorney’s fees.