Minami Tamaki LLP Associate Ember Oparowski was the lead attorney for the defendant in a case that resulted in the only published case on COVID delays and a plaintiff’s diligence in prosecuting cases within the statutory five-year period mandated by Code of Civil Procedure section 583.310.
Ember defended a stucco contractor in a high-end construction defect case. The plaintiff homeowners refused to provide dates for deposition, meaningfully participate in mediation, provide responses to written discovery, and created numerous obstacles in advance of trial.
Ember drafted and argued a Motion to Dismiss for Failure to Prosecute the case. Her motion was granted and the case was dismissed. The Court of Appeal affirmed the trial court’s judgment and ordered the opinion published.
Although this appellate decision stands for a fairly discrete legal issue, it is believed to be the only published case on COVID delays and a plaintiff’s lack of diligence in prosecuting cases within the statutory five-year period. The case demonstrates Ember’s dogged representation of her clients and the use of creative legal strategies to obtain a favorable result.