In the case of Denise Leno v. Mercy Sotelo, filed in the Court of Appeal of the State of California, Third Appellate District (Sacramento), with the court case ID C098422 on April 19, 2024, plaintiff Denise Leno won at trial against defendant Mercy Sotelo. The dispute arose from a probate action where Sotelo appealed against the trial court's decision for denying her motion to dismiss the case and disqualify the trial judge.
The petition was initially filed on June 30, 2017, and the trial was set for April 21, 2020. However, due to COVID-19, it was postponed and rescheduled several times until it finally took place on February 14, 2023. On this date, Sotelo filed a motion to dismiss the case citing that Leno failed to bring it to trial within five years and six months as per Code Civ. Proc., § 583.310 and Judicial Council of California’s Emergency Rule 10(a).
Leno opposed this motion stating that bringing the matter to trial within the specified time frame was impossible due to various reasons including COVID-19 related delays and unavailability of Trial Courtrooms. She also highlighted Sotelo's lack of cooperation during deposition which led to further delays.
The plaintiff is seeking judgment in her favor arguing that despite all odds she managed to bring her case to trial within an extended deadline due to COVID-19 pandemic disruptions. The court affirmed Leno's stance stating that there were additional days during which it was impracticable for a civil plaintiff to bring an action to trial and these should be excluded when computing the deadline.