Defendant's Motion to Dismiss Granted in Case of Plaintiff's Failure to Proceed
Partners John D. Marino and Darrin Wessel of the San Diego office recently won a Motion to Dismiss due to Plaintiff's failure to bring a case to trial within five years of the filing of the original complaint.
In a case of claimed construction defects, the plaintiff had requested multiple time extensions, alleging they needed more time to investigate leaks and other complications stemming from the construction a single family home, wherein a subterranean basement was built below the water table.
Mr. Marino leads the firm's Construction Defect Team. Mr. Wessel is a certified appellate specialist and member of the Appellate Law (Strategy, Writs, and Appeals) Team.