Preview
1 NEWMEYER & DILLION LLP
MARK HIMMELSTEIN, CBN 105828
2 Mark.Himmelstein ndlf.com
895 Dove Street, Fifth Floor
3 Newport Beach, California 92660
(949) 854-7000; (949) 854-7099 (Fax)
4
Attorneys for Defendant
5 CROSSFIELD PRODUCTS CORP.,
erroneously sued and served as Crossfield
6 Products Co
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF LOS ANGELES - COMPTON
10 UNLIMITED JURISDICTION
11 WESTPAC PRODUCTS CO. INC., CASE NO.: 19CMCV00320
JUDGE: Thomas D. Long
12 Plaintiff, DEPT.: A
CCA 13 VS. STIPULATION TO CONTINUE TRIAL
LU,
wZ 14 CROSSFIELD PRODUCTS CO, FILE DATE: November 14, 2019
TRIAL DATE SET: August 1, 2022
15 Defendant.
Electronically Received 05/24/2022 03:52 PM
ZC 16
17 Plaintiff Westpac Products Co. Inc. ("Plaintiff') and Defendant Crossfield Products
18 Corp., erroneously sued and served as Crossfield Products Co, (hereinafter,
19 "Defendant") (collectively, "Stipulating Parties") enter into this stipulation requesting an
20 order to continue the trial date that is currently set for August 1, 2022, in Department A of
21 the above-titled court as good cause exists for the following reasons:
22 WHEREAS, no previous requests have been made to the court regarding a
23 continuance of the trial date in this matter;
24 WHEREAS, Plaintiff initiated this action on November 14, 2019. Thereafter, it
25 took substantial time for Plaintiff to retain counsel. Then, the matter was basically put on
26 hold due to COVID-19 (due to both the restrictions caused by COVID -19 and the fact
27 that plaintiffs counsel was ill and out of his office for a long recovery
28
3926.107 / 9816422.1
STIPULATION TO CONTINUE TRIAL
WHEREAS, on February 2, 2021, Defendant propounded discovery, including a
2 request for documents to Plaintiff. Due to counsel's illness, Plaintiff requested multiple
3 extensions to written discovery propounded by Defendant, and only last week completed
4 the production of documents. In the conversations between counsel concerning the
5 production of documents, counsel agreed to stipulate to continue the trial date in order to
6 exchange settlement proposals, and conduct the necessary discovery.
7 WHEREAS, the Stipulating Parties have been unable to adequately prepare for
8 trial in this matter due to circumstances beyond the control of either party and will be
9 significantly prejudiced by the current trial date.
10 Stipulating Parties request a continuance of the trial date in order to attempt to
11 settle the case, and, if not successful, conduct necessary depositions, prepare any
12 necessary expert testimony, and conduct any necessary further discovery pursuant to
13 the Code of Civil Procedure in preparation for prospective exchange of settlement offers
14 and trial:
15 Stipulating Parties request the Court to Order the trial date currently set for
16 August 1, 2022, to be continued to December 1, 2022, or as soon thereafter as is
17 practicable in Department A of the above-titled court and that all pre-trial dates are
18 continued and calendared per the Code of Civil Procedure from the new trial date.
19
20 IT IS SO STIPULATED.
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3926.107 / 9816422.1 -2-
STIPULATION TO CONTINUE TRIAL
1 Dated: May 24, 2022 NEWMEYER & DILLION LLP
2
3 By:
Mark Himmelstein
4 Attorneys for Defendant
CROSSFIELD PRODUCTS CORP.
5
6 Dated: May 24, 2022
7
By:
8 Fred P. Hayes
Attorney for Plaintiff
9 WESTPAC PRODUCTS CO. INC.
10
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=it 13 ORDER
Wr
wz 14 The Court, having considered the above stipulation and having reviewed the
15 Court's file independently, hereby makes the following order:
Z© 16 1. The trial in this matter that is currently set for August 1, 2022, in
17 Department A of this Court, is hereby continued to December 19, 2022 at 9:00 A.M.
18 2. All statutory pre-trial dates and deadlines will be continued and set per the
19 Code of Civil Procedure and the Rules of Court in accordance with the above trial date.
20 Final Status Conference is advanced to this date and continued to December 12, 2022, at
9:00 A.M., in Department A at the Compton Courthouse.
21
Dated:
22 JUDGE OF THE SUPERIOR COURT
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3926.107 / 9816422.1 -3-
STIPULATION TO CONTINUE TRIAL
1 PROOF OF SERVICE
2 Westpac Products Co., Inc. v Crossfield Products Co.
LACSC Case No.:19CMCV00320
3
STATE OF CALIFORNIA )
4 ) ss.
COUNTY OF ORANGE )
5
I, Mackenzie Dobard, declare:
6
I am a citizen of the United States and employed in Orange County, California. I
7 am over the age of eighteen years and not a party to the within-entitled action. My
business address is 895 Dove Street, Fifth Floor, Newport Beach, California 92660. On
8 May 24, 2022, I served a copy of the within document(s):
9 STIPULATION TO CONTINUE TRIAL
10
11
 (VIA U.S. MAIL) by placing the document(s) listed above in a sealed
envelope with postage thereon fully prepaid, in the United States mail at
Newport Beach, California addressed as set forth below.
12
13  (VIA EMAIL COURTESY COPY) by transmitting via my electronic service
address (Mackenzie.Dobard@ndlf.com) the document(s) listed above to
the person(s) at the e-mail address(es) set forth below.
14
See Attached Service List
15 I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S.
16 Postal Service on that same day with postage thereon fully prepaid in the ordinary
course of business. I am aware that on motion of the party served, service is presumed
17 invalid if postal cancellation date or postage meter date is more than one day after date
of deposit for mailing in affidavit.
18
I declare under penalty of perjury under the laws of the State of California that the
19 above is true and correct. Executed on May 24, 2022, at Newport Beach, California.
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22 Mackenzie Dobard
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3926.107 / 8615980.1
PROOF OF SERVICE
1 SERVICE LIST
2 Westpac Products Co., Inc. v Crossfield Products Co.
LACSC Case No.:19CMV00320
3
Fred P. Hayes, Esq. Tel: (714) 293-9764
4 438 E. Katella Ave, Suite 210 Fax: (888) 248-5050
Orange, CA 92867 Email: FredHayesEsq@gmail.com
5 [Attorney for Plaintiff WESTPAC
PRODUCTS CO., Inc.
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3926.107 / 8615980.1 -2-
SERVICE LIST
Preview
1 NEWMEYER & DILLION LLP MARK HIMMELSTEIN, CBN 105828 2 Mark.Himmelstein ndlf.com 895 Dove Street, Fifth Floor 3 Newport Beach, California 92660 (949) 854-7000; (949) 854-7099 (Fax) 4 Attorneys for Defendant 5 CROSSFIELD PRODUCTS CORP., erroneously sued and served as Crossfield 6 Products Co 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES - COMPTON 10 UNLIMITED JURISDICTION 11 WESTPAC PRODUCTS CO. INC., CASE NO.: 19CMCV00320 JUDGE: Thomas D. Long 12 Plaintiff, DEPT.: A CCA 13 VS. STIPULATION TO CONTINUE TRIAL LU, wZ 14 CROSSFIELD PRODUCTS CO, FILE DATE: November 14, 2019 TRIAL DATE SET: August 1, 2022 15 Defendant. Electronically Received 05/24/2022 03:52 PM ZC 16 17 Plaintiff Westpac Products Co. Inc. ("Plaintiff') and Defendant Crossfield Products 18 Corp., erroneously sued and served as Crossfield Products Co, (hereinafter, 19 "Defendant") (collectively, "Stipulating Parties") enter into this stipulation requesting an 20 order to continue the trial date that is currently set for August 1, 2022, in Department A of 21 the above-titled court as good cause exists for the following reasons: 22 WHEREAS, no previous requests have been made to the court regarding a 23 continuance of the trial date in this matter; 24 WHEREAS, Plaintiff initiated this action on November 14, 2019. Thereafter, it 25 took substantial time for Plaintiff to retain counsel. Then, the matter was basically put on 26 hold due to COVID-19 (due to both the restrictions caused by COVID -19 and the fact 27 that plaintiffs counsel was ill and out of his office for a long recovery 28 3926.107 / 9816422.1 STIPULATION TO CONTINUE TRIAL WHEREAS, on February 2, 2021, Defendant propounded discovery, including a 2 request for documents to Plaintiff. Due to counsel's illness, Plaintiff requested multiple 3 extensions to written discovery propounded by Defendant, and only last week completed 4 the production of documents. In the conversations between counsel concerning the 5 production of documents, counsel agreed to stipulate to continue the trial date in order to 6 exchange settlement proposals, and conduct the necessary discovery. 7 WHEREAS, the Stipulating Parties have been unable to adequately prepare for 8 trial in this matter due to circumstances beyond the control of either party and will be 9 significantly prejudiced by the current trial date. 10 Stipulating Parties request a continuance of the trial date in order to attempt to 11 settle the case, and, if not successful, conduct necessary depositions, prepare any 12 necessary expert testimony, and conduct any necessary further discovery pursuant to 13 the Code of Civil Procedure in preparation for prospective exchange of settlement offers 14 and trial: 15 Stipulating Parties request the Court to Order the trial date currently set for 16 August 1, 2022, to be continued to December 1, 2022, or as soon thereafter as is 17 practicable in Department A of the above-titled court and that all pre-trial dates are 18 continued and calendared per the Code of Civil Procedure from the new trial date. 19 20 IT IS SO STIPULATED. 21 22 23 24 25 26 27 28 3926.107 / 9816422.1 -2- STIPULATION TO CONTINUE TRIAL 1 Dated: May 24, 2022 NEWMEYER & DILLION LLP 2 3 By: Mark Himmelstein 4 Attorneys for Defendant CROSSFIELD PRODUCTS CORP. 5 6 Dated: May 24, 2022 7 By: 8 Fred P. Hayes Attorney for Plaintiff 9 WESTPAC PRODUCTS CO. INC. 10 11 12 =it 13 ORDER Wr wz 14 The Court, having considered the above stipulation and having reviewed the 15 Court's file independently, hereby makes the following order: Z© 16 1. The trial in this matter that is currently set for August 1, 2022, in 17 Department A of this Court, is hereby continued to December 19, 2022 at 9:00 A.M. 18 2. All statutory pre-trial dates and deadlines will be continued and set per the 19 Code of Civil Procedure and the Rules of Court in accordance with the above trial date. 20 Final Status Conference is advanced to this date and continued to December 12, 2022, at 9:00 A.M., in Department A at the Compton Courthouse. 21 Dated: 22 JUDGE OF THE SUPERIOR COURT 23 24 25 26 27 28 3926.107 / 9816422.1 -3- STIPULATION TO CONTINUE TRIAL 1 PROOF OF SERVICE 2 Westpac Products Co., Inc. v Crossfield Products Co. LACSC Case No.:19CMCV00320 3 STATE OF CALIFORNIA ) 4 ) ss. COUNTY OF ORANGE ) 5 I, Mackenzie Dobard, declare: 6 I am a citizen of the United States and employed in Orange County, California. I 7 am over the age of eighteen years and not a party to the within-entitled action. My business address is 895 Dove Street, Fifth Floor, Newport Beach, California 92660. On 8 May 24, 2022, I served a copy of the within document(s): 9 STIPULATION TO CONTINUE TRIAL 10 11  (VIA U.S. MAIL) by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Newport Beach, California addressed as set forth below. 12 13  (VIA EMAIL COURTESY COPY) by transmitting via my electronic service address (Mackenzie.Dobard@ndlf.com) the document(s) listed above to the person(s) at the e-mail address(es) set forth below. 14 See Attached Service List 15 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. 16 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed 17 invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 18 I declare under penalty of perjury under the laws of the State of California that the 19 above is true and correct. Executed on May 24, 2022, at Newport Beach, California. 20 21 22 Mackenzie Dobard 23 24 25 26 27 28 3926.107 / 8615980.1 PROOF OF SERVICE 1 SERVICE LIST 2 Westpac Products Co., Inc. v Crossfield Products Co. LACSC Case No.:19CMV00320 3 Fred P. Hayes, Esq. Tel: (714) 293-9764 4 438 E. Katella Ave, Suite 210 Fax: (888) 248-5050 Orange, CA 92867 Email: FredHayesEsq@gmail.com 5 [Attorney for Plaintiff WESTPAC PRODUCTS CO., Inc. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3926.107 / 8615980.1 -2- SERVICE LIST