Filed 5/21/10 Linares v. Green CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits
courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
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IN THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
VICTOR LINARES,
Plaintiff
and Appellant,
v.
RICHARD GREEN et al.,
Defendants
and Respondents.
A125890
(Alameda County
Super. Ct. No. RG08398823)
On
July 17, 2008,
appellant Victor Linares (Linares)
filed suit in Alameda Superior Court against Richard Green, as an individual
and as trustee of the Richard D. Green Trust, and Medical Visions, Inc.
(collectively defendants). On April 7, 2009, the trial
court dismissed Linares's
action with prejudice for failure to prosecute.
Linares contends this was error. We agree and reverse the judgment.
I. Factual and Procedural Background[1]
On
July 17, 2008, Linares, represented by counsel, filed a complaint against
defendants that sought specific performance and/or damages for breach of a
settlement agreement. Linares alleged that he and defendants entered into the
settlement agreement pursuant to which defendants had agreed to sell him
certain real property. According to Linares, defendants refused to perform and prevented Linares from performing â€
| Description | On July 17, 2008, appellant Victor Linares (Linares) filed suit in Alameda Superior Court against Richard Green, as an individual and as trustee of the Richard D. Green Trust, and Medical Visions, Inc. (collectively defendants). On April 7, 2009, the trial court dismissed Linares's action with prejudice for failure to prosecute. Linares contends this was error. Court agree and reverse the judgment. |
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