Accuray Incorporated v. Care LG 2016 Holdings, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ACCURAY INCORPORATED, Case No. 23-cv-05713-DMR Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS CARE LG 2016 HOLDINGS, LLC, Re: Dkt. No. 5 Defendant. Plaintiff Accuray Incorporated (“Accuray”) brings this contract action against Defendant Care LG 2016 Holdings, LLC (“Care LG”). Care LG now moves to dismiss. [Docket No. 5 (“Mot.”)]. The only issue before the court is whether Accuray filed its action within the statute of limitations. This matter is suitable for determination without oral argument. Civ. L.R. 7-1(b). For the following reasons, the motion to dismiss is denied. I. BACKGROUND Defendant removed this action from the Santa Clara Superior Court on September 13, 2023. [Docket No. 1 (Notice of Removal)]. The complaint, filed as Exhibit B to the Notice of Removal, was difficult to read. [Docket No. 1-1.] On April 2, 2024, the court ordered Plaintiff to file a more legible copy of the complaint and all…