CCP 1039
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/la/1039-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CCP 1039
Art. 1039. Effect of dismissal of principal action
If an incidental demand has been pleaded prior to motion by plaintiff in the principal action to dismiss the principal action, a subsequent dismissal thereof shall not in any way affect the incidental action, which must be tried and decided independently of the principal action.