Ayala v. Gutierrez
While several of defendants’ motions were pending, plaintiff voluntarily dismissed her complaint with prejudice. Following the dismissal, the trial court ruled on defendants’ motions.
Plaintiff attempts to appeal from the order granting the motions. Although the order is not appealable, we exercise our discretion to treat plaintiff’s appeal as a petition for an extraordinary writ. We conclude that the trial court lacked jurisdiction to grant the motions. We therefore vacate the order and direct that the action be dismissed with prejudice.
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