The two ways a plaintiff may obtain a voluntary dismissal are by filing a dismissal with the clerk of the court prior to the time the answer or summary judgment motion has been made or obtaining a court order.

A motion for judgment on the pleadings determines if, based upon the allegations in the pleadings, the moving party is entitled to judgment.

A plaintiff’s failure to prosecute the action can never be a basis for involuntary dismissal.

Consolidation may be ordered when different actions are pending in different courts.

A plaintiff may file a demurrer to a defendant’s answer.

Dismissal of an action may be voluntary or involuntary.

A voluntary dismissal is without prejudice unless trial has started.

A motion for judgment on the pleadings is brought after the pleadings have closed.

A motion for judgment on the pleadings is made before the pleadings are closed.

A plaintiff has an absolute right to dismiss a complaint anytime before the commencement of trial.

A demurrer attacks the pleadings before an answer is filed.

The motion for judgment on the pleadings differs from a motion to dismiss because a motion to dismiss is brought as a responsive pleading.

There are only two grounds for the filing of a demurrer.

A motion for summary judgment must be accompanied by a separate statement of undisputed facts.

There are only two grounds for the filing of a motion to strike.

The filing of a demurrer does not extend the time in which the defendant has to file an answer.

If a demurrers is overruled, the defendant will have ten days after the ruling on the demurrer to file an answer to the complaint.

A motion for judgment on the pleadings does not take into account extrinsic evidence, as does a motion for summary judgment.

If the demurrer is sustain the plaintiff will need to amend the complaint to correct the defect raised by the demurrer or risk that the complaint will be dismisssed.

A default judgment may be entered by the clerk if the claim is for a specific sum, or a sum that can be computed to a specific amount, and the defendant is not an infant or incompetent

An involuntary dismissal may be entered at trial where the evidence presented by the plaintiff fails to show that the plaintiff is entitled to any relief.

A motion for summary adjudication of issues is appropriate only if all causes of action can be disposed of by the motion.

The plaintiff must wait for the defendant to answer before requesting a default judgment.

The court can dismiss a complaint based upon some abuse by the plaintiff of court rules, or failure to comply with a court order.