Motion-Secondary: SEAN C MCCEAN VS. HUI WU ET AL

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                                1   Todd A. Angstadt (SBN 166404)
     Brennain Garber (SBN 295770)
 2   PHILLIPS, SPALLAS & ANGSTADT LLP                                                      ELECTRONICALLY
     505 Sansome Street, Sixth Floor
     San Francisco, CA 94111
                                                                                               FILED
 3                                                                                         Superior Court of California,
     Telephone (415) 278-9400                                                               County of San Francisco
     Facsimile (415) 278-9411
 4                                                                                             08/17/2020
                                                                                           Clerk of the Court
     Attorney for Defendants
 5   HUI WU, WEI ZHANG, STEVE YU ZHANG,
                                                                                              BY: EDNALEEN ALEGRE
                                                                                                        Deputy Clerk
     INIVIDUALLY and as CO-TRUSTEE of the
 6   ZHANG FAMILY TRUST, and SHUYI ZHANG
     INIVIDUALLY and as CO-TRUSTEE of the
 7   ZHANG FAMILY TRUST

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 9                             SUPERIOR COURT OF THE STATE OF CALIFORNIA

10                   CITY AND COUNTY OF SAN FRANCISCO, UNLIMITED JURISDICTION

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12   SEAN C. MCKEAN,                           )                 Case No.: CGC-19-579145
                                               )
                                               )
13              Plaintiff,                     )
                                               )                 MEMORANDUM OF POINTS AND AUTHORITIES
14      v.                                     )                 IN SUPPORT OF DEFENDANTS’ EX PARTE
                                               )
15                                                               APPLICATION FOR AN ORDER CONTINUING
     HUI WU, WEI ZHANG, STEVE YU ZHANG-, SHUYI )                 THE TRIAL DATE, OR IN THE ALTERNATIVE, FOR
                                               )
16   ZHANG, IN THEIR CAPACITIES AND STEVE YI                     AN ORDER SHORTENING TIME FOR NOTICE
                                               )
     ZHANG &. SHUYI ZHANG AS CO-TRUSTEE OF )                     AND HEARING OF A MOTION TO CONTINUE
17   THE ZHANG FAMILY LIVING TRUST, AND DOES 1)                  TRIAL
     THROUGH 25, INCLUSIVE,                    )
18                                             )
               Defendants.                     )
                                                                 Date: August 20, 2020
19                                             )
                                                                 Time: 11:00 a.m.
                                                                 Dept.: 206
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            Defendants HUI WU, WEI ZHANG, STEVE YU ZHANG-, SHUYI ZHANG, IN THEIR
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     CAPACITIES AND STEVE YI ZHANG &. SHUYI ZHANG AS CO-TRUSTEE OF THE ZHANG FAMILY
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     LIVING TRUST, submit this Ex Parte Application for an Order Continuing the current trial
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     date of November 22, 2020 to February 1, 2020 (or a date thereafter that is mutually
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     convenient to the Court and the parties). In the alternative, Defendants request an Order
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     Shortening Time for Notice and Hearing of a Motion to Continue the Trial.
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                                                             1
        DEFENDANTS’ EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE, OR IN THE ALTERNATIVE, FOR AN ORDER
                          SHORTENING TIME FOR NOTICE AND HEARING OF A MOTION TO CONTINUE TRIAL
 1           The plaintiff is represented by Joe Bravo. Plaintiff agrees that a continuance of the

 2   trial date is warranted. This is the parties first request for a trial continuance.

 3           This Ex Parte Application is brought pursuant to California Rule of Court 3.1332 and

 4   will be made on the following grounds:

 5   1.      The parties have conferred and stipulate to this continuance to remedy discovery

 6   and mediation time lost due to the COVID-19 pandemic.

 7   2.      Given the past and current shelter in place, which is affecting the Bay Area, the

 8   parties require additional time to conduct necessary depositions, site inspections and

 9   then proceed to mediation.

10   3.      The parties would like to mediate prior to the expert discovery period to avoid

11   litigation costs, which would lower the chance of a successful mediation.

12   4.      The current trial date of November 22, 2020 will not give the parties enough time to

13   complete the discovery necessary to participate in meaningful mediation prior to expert

14   disclosure and discovery.

15   5.      The parties are requesting a continuance until February 1, 2021 for the purpose of

16   allowing sufficient time to conduct necessary discovery and participate in mediation.

17           Application is made based upon the ex parte application, memorandum of points

18   and authorities in support of ex parte application, the Declaration of Brennain Garber,

19   the pleadings and papers on file in this action, and such oral and other documentary

20   evidence and arguments as may be considered by the Court at the hearing of this

21   matter.

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23   Dated: August 17, 2020                                     PHILLIPS SPALLAS & ANGSTADT LLP

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                                                       By:      _______________________________
25                                                              Todd A. Angstadt
                                                                Brennain Garber
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                                                                Attorneys for Defendants
27                                                              HUI WU, WEI ZHANG, STEVE YU ZHANG-, SHUYI
                                                                ZHANG, IN THEIR CAPACITIES AND STEVE YI
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          DEFENDANTS’ EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE, OR IN THE ALTERNATIVE, FOR AN ORDER
                            SHORTENING TIME FOR NOTICE AND HEARING OF A MOTION TO CONTINUE TRIAL
                                                           ZHANG &. SHUYI ZHANG AS CO-TRUSTEE OF THE
 1                                                         ZHANG FAMILY LIVING TRUST
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                                                          3
     DEFENDANTS’ EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE, OR IN THE ALTERNATIVE, FOR AN ORDER
                       SHORTENING TIME FOR NOTICE AND HEARING OF A MOTION TO CONTINUE TRIAL