Level Up Home Remodeling, Inc. v. Michael Panepucci et al.

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210

DATE: May 21, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 22CV396049 Jose Lopez Mendez Click LINE 1 or scroll down for ruling. v. Heriberto Mote Ponce Line 2 24CV452177 Sampath Putta v. Click LINE 2 or scroll down for ruling. Leslie Henry et al. Line 3 25CV460105 Level Up Home Cross-defendants’ demurrer to cross-complainants’ first amended cross Remodeling, Inc. v. complaint. Due to a stipulation and order granting leave to file a Michael Panepucci et second amended cross-complaint, the matter is taken OFF al. CALENDAR. Line 4 20CV367997 Francisco Carrascal Defendant Guillermo Chavarria’s motion to dismiss for failure to et al. v. AAA prosecute. Notice is proper and the motion is opposed by plaintiff Insurance et al. Francisco Carrascal.

Code of Civil Procedure section 583.310 states: “An action shall be brought to trial within five years after the action is commenced against the defendant.”

If a case is not brought to trial within the five-year period, dismissal is mandatory unless a statutory exception applies. (Code Civ. Proc., § 583.360, subd. (a) [“An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article.”].)

The original complaint in this action was filed in July 2020. The action has not been brought to trial. More than five years have elapsed. Plaintiff has not demonstrated that any statutory exception applies. The motion is GRANTED and the matter is dismissed with prejudice. The court will prepare the order.

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