Judge: Michael E. Whitaker, Case: 20STCV01541, Date: 2022-09-27 Tentative Ruling

Case Number: 20STCV01541    Hearing Date: September 27, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Plaintiff Jae Hwang Kang moves for a court order continuing the current November 16, 2022 trial date to June 16, 2023, or as soon thereafter as the Court’s schedule allows.  The motion is unopposed.

ANALYSIS

“Continuances are granted only on an affirmative showing of good cause requiring a continuance.”  (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)  A trial court has broad discretion in considering a request for a trial continuance.  (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)  California Rules of Court rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial.  Whether the parties have stipulated to the postponement is a relevant factor for consideration.  (See Code Civ. Proc., § 595.2, but see Lorraine v. McComb (1934) 220 Cal. 753, 756-757 [finding a stipulation to be merely “directory].)

Here, Plaintiff seeks a continue of the trial date on grounds that Global Hawk Insurance Company Risk Retention Group (“Global Hawk”), the insurance company for Defendants De Ozark Group Inc. (“De Ozark”), Daniel Zhu (“Zhu”), and Qing Hao (“Hao”), is currently being liquidated in the State of Vermont.  Plaintiff has submitted a claim to the Special Deputy Liquidator, but the Special Deputy Liquidator has not yet begun distributing claims.  Plaintiff provides that only Defendant Hao has appeared in this action[1] and Plaintiff and Hao have conducted written discovery and Hao’s deposition.  However, Plaintiff and Hao have decided to pause discovery pending the liquidation of Global Hawk, which is the only known insurance policy applicable to this action.  Plaintiff indicates that the parties do not wish to continue incurring costs in discovery and preparation for trial without knowing what funds will be left to potentially pay Plaintiff following the liquidation.  Plaintiff contends the interests of justice will be served by a continuance because it will allow the parties to determine whether this matter will be able to settle without expending additional fees and costs or, alternatively, will let the parties know how much discovery they can afford to conduct given the amount of insurance coverage available.  Plaintiff further provides that Plaintiff’s counsel will be unavailable on November 16, 2022 to begin trial because he will be engaged in trial in another matter that is scheduled to begin on November 10, 2022 and will last approximately 5-7 court days.

The Court finds Plaintiff has established good cause to continue the trial date. 

CONCLUSION AND ORDER

            Based on the foregoing, the Court grants Plaintiff’s motion to continue trial date and orders as follows:

• The trial date, currently set for November 16, 2022, is continued to July 21, 2023 at 8:30 AM in Department 32.

   

• The Final Status Conference, currently set for October 31, 2022, is continued to July 10, 2023 at 10:00 AM in Department 32.

• All discovery and pre-trial motion cut-off dates shall be based upon the trial date of July 21, 2023.

   

• Per the Discovery Act, the parties shall meet and confer forthwith to schedule and complete all non-expert discovery and to prepare for the completion of expert discovery to obviate the need for a further continuance of the trial. 

   

• No further continuance of the trial absent sufficient good cause. 

            Plaintiff is ordered to provide notice of the Court’s ruling and file proof of service of such.