Section 1983 Civil Rights Lawsuit

HOLDINGS: [1]-After tenants filed a motion for mandatory dismissal by reason of failure to prosecute under Code Civ. Proc., §§ 583.310, 583.360, in a rent dispute, the landlord's assignee no longer had a right to voluntarily dismiss the action pursuant to Code Civ. Proc., § 581, subd. (b)(1), under case law applying a mere formality test because dismissal was a legal inevitability, although the trial court had not ruled on the motion;

Section 1983 Civil Rights Lawsuit can be filed by someone whose civil rights have been violated. [2]-The assignee's argument that the mandatory dismissal period had been tolled was meritless because the record did not support a contention that pending appeals had stayed trial court proceedings; [3]-It was unclear whether the trial court found that the assignee acted in good faith in dismissing the complaint for an independent reason, and in any event, such a finding would not suffice to grant voluntary dismissal after a motion for mandatory dismissal.
    
Reversed and remanded.