Lower Court Lacked Jurisdiction To Consider Motion Post-Dismissal.
Timing is everything, as illustrated in the sanctions area by Cerna v. Molina, Case No. B265272 (2d Dist., Div. 7 Oct. 17, 2016) (unpublished).
There, defendants and their attorney were monetarily sanctioned in connection with certain discovery motions. Plaintiff voluntarily dismissed the action. However, defendants and their attorney moved to vacate the trial court’s orders imposing sanctions. The lower court denied the motions to vacate, a determination affirmed by the 2/7 DCA.
The reason was very fundamental: the trial court lost jurisdiction to act on the case following the voluntary dismissal. There was nothing else to do.