Preview
Soheyl Tahsildoost (Bar No. 271294)
Kainoa Aliviado (Bar No. 308382) FICouLrtEofDCalifornia
THETA LAW FIRM, LLP Super ounty of Placer
15901 Hawthorne Blvd., Suite 270
Lawndale, CA 90260 JAN 15 2013
Telephone: (424) 297-3103
Facsimile: (424) 286-2244 Jake Chatters
Executive Officer & Cierk
R. Brown, Deput
Attorneys for defendant Hyundai Motor America
Con ) KH
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
10 ANNA P. KING, Case No.: S-CV-0038637
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Plaintiff, DEFENDANT HYUNDAI MOTOR
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vs. TO CONTINUE TRIAL BY STIPULATION
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OF THE PARTIES; MEMORANDUM OF
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HYUNDAI MOTOR AMERICA, a POINTS AND AUTHORITIES;
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California Corporation, and DOES | DECLARATION OF KAINOA ALIVIADO;
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through 10, inclusive, [PROPOSED] ORDER
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15 Defendants.
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Dept.: 42
16 Date: January 15, 2019
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Time: 8:00 a.m.
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Complaint Filed: October 28, 2016
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18 Trial Date: February 4, 2019
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22 TO THE COURT AND TO PLAINTIFF AND PLAINTIFF’S ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that on January 15, 2019 at 8:00 a.m., or as soon thereafter as
24 the matter may be heard in Department 42 of the above-titled Court located at 10820 Justice
25 Center Drive, Roseville, CA 95678, Defendant Hyundai Motor America’s (“HMA”) will apply
26 ex parte to this Court for an order continuing trial in this matter via stipulation of the parties.
27 The parties are in agreement that trial in this matter should be continued due to a conflict with
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M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 1 CONTINUE TRIAL BY STIP.DOCX
DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE
PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER
another trial in San Diego County in which the Defendant and counsel for both parties are
engaged.
Dated: January 14, 2019
THETA LAW FIRM, LLP
SOHEYL TAHSILDOOST
Attorneys for Defendant Hyundai Motor America
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M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO CONTINUE TRIAL BY STIP.DOCX
DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE
PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER
MEMORANDUM OF POINTS AND AUTHORITIES
1. INTRODUCTION AND STATEMENT OF FACTS
This “Lemon Law” case brought against Defendant Hyundai Motor America (“HMA”)
by Plaintiff Anna P. King (“Plaintiff”) is currently set for trial on February 4, 2019. (Aliviado
Decl., § 2.) HMA is also scheduled for trial on , Friday, February 1, 2019 (with an effective start
date of February 4, 2019) in the matter of Cathy Conrad v. Hyundai Motor America, San Diego
County Superior Court Case No. 37-2016-00039251 (“Conrad”). (Id., § 3.)
On November 29, 2018, the Conrad case was continued to February 1, 2019 because
HMA’s person most qualified witness was forced to take a medical leave and would be
unavailable for trial as scheduled. (/d.) When the Conrad Court selected February 1, 2019 as the
new trial date, HMA’s counsel informed the Conrad Court that February 1, 2019 did not work
for trial because HMA had another case (the instant case) scheduled for trial on February 4,
2019. Ud.) However, the Conrad Court stated that due to the Conrad case’s age and the multiple
continuances that had previously been granted, the Court would not continue the case past
February |, 2019 and that HMA would be need to seek a continuance in its other matter to avoid
a conflict. (/d.)
In addition, Theta Law Firm, LLP is counsel of record for HMA in the instant matter and
in the Conrad case and Plaintiff's counsel Knight Law Group, LLP and Altman Law Group, LLP
are also counsel for the plaintiff in Conrad. (Id., § 4.) As such, not only does Defendant HMA
have a conflict between the Conrad case and the instant case but counsel for both parties in this
matter have a conflict with Conrad as well. (/d.) As a result of these conflicts, the parties,
through their counsel, have stipulated to continue trial in the instant matter to any of the
following dates: May 6, 2019, June 10, 2019, July 1, 2019 or July 8, 2019. (See Stipulation to
Continue Trial, Exhibit A to Aliviado Decl.) Plaintiff was provided proper notice of the ex parte
application. (Aliviado Decl. {| 6.)
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M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 3 CONTINUE TRIAL BY STIP.DOCX
DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE
PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER
2, GOOD CAUSE EXISTS TO GRANT A TRIAL CONTINUANCE
Pursuant to Local Rule 20.1.12, parties may stipulate to a trial continuance so long as the
parties provide mutually agreeable trial dates and present the stipulation via ex parte application.
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Furthermore, while a trial conflict is normally not reason for a continuance on its own, the
continuance will be granted as long as the parties can show the conflict arose after the trial date
sought to be continued was set and the conflict could not be avoided. (Local Rule 20.1 .12.) The
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parties have met the requirements of this Court’s local rules. There is a clear conflict between
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the trial in the instant case and in the Conrad matter that creates issues for all parties. Counsel
for both parties are engaged in both trials and HMA will be further prejudiced if a continuance is
10 not granted since there is expected to be overlap between the witnesses HMA plans to use in the
iv Conrad case and the instant case. The parties therefore reached a stipulation in which mutually
12 agreeable future trial dates are provided. Furthermore, the conflict came about after trial in the
13 instant matter was already set and could not be avoided, given the Conrad Court’s refusal to
14 continue the trial past February 1, 2019. Lastly, trial in this matter has only been continued once
15 before, back in early 2018. The parties have met all requirements for a continuance in this
16 matter and have stipulated to same. Therefore, there is good cause to continue the trial. it is clear
17 that Conrad will not be moved, per the Court.
18 3. CONCLUSION
19 Based on the foregoing, HMA respectfully requests that this Court grant its ex parte
20 application to continue the trial date in this matter per the stipulation of the parties.
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Dated: January 19, 2018
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THETA LAW FIRM, LLP
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Attorneys for Defendant Hyundai Motor America
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M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 4 CONTINUE TRIAL BY STIP.DOCX
DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE
PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER
DECLARATION OF KAINOA ALIVIADO
I, Kainoa Aliviado, declare as follows:
l. I am an associate in the law firm of Theta Law Firm, LLP, attorneys of record for
Defendant Hyundai Motor America. If called as a witness, I could and would competently
testify under oath to the following facts of which I have personal knowledge.
2. This “Lemon Law” case brought against Defendant Hyundai Motor America
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(“HMA”) by Plaintiff Anna P. King (“Plaintiff”) is currently set for trial on February 4, 2019.
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3. HMA is also scheduled for trial on , Friday, February 1, 2019 (with an effective
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start date of February 4, 2019) in the matter of Cathy Conrad v. Hyundai Motor America, San
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Diego County Superior Court Case No. 37-2016-00039251 (“Conrad”). On November 29, 2018,
11 the Conrad case was continued to February 1, 2019 because HMA’s person most qualified
12 witness was forced to take a medical leave and would be unavailable for trial as scheduled.
13 When the Conrad Court selected February 1, 2019 as the new trial date, counsel from my office
14 informed the Conrad Court that February |, 2019 did not work for trial because HMA had
15 another case (the instant case) scheduled for trial on February 4, 2019. However, the Conrad
16 Court stated that due to the Conrad case’s age and the multiple continuances that had previously
been granted, the Court would not continue the case past February |, 2019 and that HMA would
18 be need to seek a continuance in its other matter to avoid a conflict.
19 4, My office represents HMA in both the instant matter and the Conrad case.
20 Moreover, Plaintiff's counsel in this matter, Knight Law Group, LLP and the Altman Law
21 Group, LLP are counsel for the plaintiff in Conrad. Therefore, Defendant HMA and counsel on
22 both sides have a conflict between the two cases.
23 5. The parties have stipulated to a trial continuance in this matter as a result of the
24 conflict. The parties have selected the following dates for a continuance: May 6, 2019, June 10,
25 2019, July 1, 2019 or July 8, 2019. The parties have represented they are ready for trial on any
26 of these dates. Attached hereto as Exhibit A is a true and correct copy of the stipulation entered
27 into by the parties to continue the trial date in this matter.
28 6. Because the trial continuance was stipulated to, counsel for both parties have been
M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 5 CONTINUE TRIAL BY STIP.DOCX
DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE
PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER
engaged in trying to obtain the continuance. Plaintiff's counsel suggested that the parties move
ex parte for the continuance on January 15, 2019. My office obtained the ex parte hearing date
and notified Plaintiff's counsel, that we would draft the papers and that the ex parte would
proceed at 8:00 a.m. in Department 42 of the Placer County Superior Court.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on January 14, 2019 at Lawndale, California.
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KAINOA ALIVIADO
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M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 6 CONTINUE TRIAL BY STIP.DOCX
DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE
PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER
EXHIBIT A
t iovi fahsildoost (Bar eso. 2712923
THE iA LAW FIRM, LLP
WN
15901 Hawthorne Blvd., Suite 270
Lawndale, CA 90260
WY
Telephone: (424) 297-3103
Facsimile: (424) 286-2244
eF
Attorneys for defendant Hyundai Motor America
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF PLACER
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ANNA P. KING, ) Case No.: S-CV-0038637
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11 Plaintiffs, ) STIPULATION AND [PROPOSED] ORDER
) TO CONTINUE TRIAL
12 vs. )
)
13 HYUNDAI MOTOR AMERICA, a )
California Corporation, and DOES 1 ) Complaint Filed: October 28, 2016
14 through 10, inclusive, ) Trial Date: February 4, 2019
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15 Defendants. )
)
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17 TO THE COURT:
18 By and through their counsel, Plaintiff Anna P. King and Defendant Hyundai Motor
19 America (“HMA”) hereby stipulate to continue the trial in this matter as set forth below:
20 HMA represents as follows: due to HMA’s person most qualified witness taking medical
21 leave, HMA had to continue a trial in a separate matter, Cathy Conrad v. Hyundai Motor
22 America, San Diego Superior Court Case No. 37-2016-00039251-CU-BC-CTL. The Court in
23 that matter set that trial for Friday, February 1, 2019 (with an effective start date of Monday,
24 February 4, 2019). HMA’s counsel advised the Court in Conrad that HMA and its counsel
25 would be engaged in a trial for this matter beginning February 4, 2019. However, the Court in
26 Conrad explained that because of the age of the Conrad case and the number of times it had been
27 continued, the Court would not move it beyond February 1, 2019, and that HMA would have to
28 have the other trial moved.
M:\KING, ANNA\PLEADINGS'STIPOI-CONTINUE TRIAL. DOCX 1
STIPULATION AND |PROPOSED] ORDER TO CONTINUE TRIAL
Due to the fact that HMA, its counsel, and Plaintrif’s counsel are very likely to be
engaged in trial on the date that this matter is set to commence trial, the parties stipulate as
follows:
1) In light of the above conflict, good cause exists to continue the trial date and both parties
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agree to a tria] continuance.
2) The parties hereby agree to continue the trial date to the first available of any of the
following dates: May 6, 2019, June 10, 2019, July 1, 2019, or July 8, 2019. The parties
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will be prepared to proceed with trial on any of these dates.
3)
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All trial related deadlines that have not already passed shall be rescheduled in accordance
with the new trial date.
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11 4) Any discovery that was timely noticed and is still currently incomplete shall be
12 completed by the parties, including the deposition of HMA’s Person Most
13 Knowledgeable, whether or not the discovery cut-off has passed.
14 5) This stipulation may be executed in counterparts and a signature produced by fax or
15 email shall be deemed an original signature.
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17 Dated: December 1Y 2018 W GROUP
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RUSSELLHIGGINS
20 Attorneys for Plaintiff
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Dated: December 7, 2018 THETA LAW FIRM, LLP
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24 SOHEYL TAHSILDOOST
Attorneys for Defendant Hyundai Motor America
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M:KING, ANNA\PLEADINGS\STIPO!-CONTINUE TRIAL DOCX 2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
{PROPOSED)| ORDER
Based on the foregoing stipulation of the parties, and good cause appearing therefore,
IT IS HEREBY ORDERED as follows:
1. The trial in this matter is continued to , at
a.m. All trial related deadlines that have not already passed shall be rescheduled in
accordance with the new trial date.
2; The settlement conference in this matter is continued to
, at a.m.
3. The civil trial conference in this matter is continued to
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JUDGE OF THE SUPERIOR COURT
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TRIAL DOCX 3
MAKING, ANNA\PLEADINGS'STIPOl-CONTINUE
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
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PROOF OF SERVICE
(Code of Civil Procedure §1013a)
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I am employed in the County of Los Angeles, State of California. I am over the age of 18
years and not a party to the action. My business address is 10250 Constellation Blvd, Suite 2500,
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Los Angeles, CA 90067.
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I served the foregoing document described as:
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
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Said document was served on the interested parties in this action, by placing true copies
thereof enclosed in sealed envelopes, with postage prepaid, addressed as follows:
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Sohey! Tahsildoost, Esq. Sepehr Daghighian, Esq.
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THETA LAW FIRM, LLP Hackler Daghighian Martino & Novak, PC
15901 Hawthorne Blvd., Suite270 10250 Constellation Blvd., Suite 2500
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Lawndale, CA 90260 Los Angeles, CA 90067
Counsel for Defendant, Email: sd@hdmnlaw.com
HYUNDAI MOTOR COMPANY Associated Counsel for Plaintiff,
me
(Via Mail Only) ANNA KING
(Via E-Mail Only)
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BY MAIL: I am readily familiar with this firm's practice of collection and processing
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correspondence for mailing with the United States Postal Service. Under that practice, it
would be deposited with the U.S. Postal Service on that same day with postage thereon
fully prepaid at a Postal Service collection box at Los Angeles, California, in the ordinary
course of business. The envelope was sealed and placed for collection that same day
following ordinary business practices, addressed to the above-referenced attorney.
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
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agreement of the parties to accept service by e-mail or electronic transmission, I caused
the documents to be sent to the persons at the e-mail addresses listed above. I did not
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receive, within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed on January 4, 2019 at Los Angeles, California.
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KATERYNA MUKHINA
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PROOF OF SERVICE
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Soheyl Tahsildoost (Bar No. 271294) Kainoa Aliviado (Bar No. 308382) FICouLrtEofDCalifornia THETA LAW FIRM, LLP Super ounty of Placer 15901 Hawthorne Blvd., Suite 270 Lawndale, CA 90260 JAN 15 2013 Telephone: (424) 297-3103 Facsimile: (424) 286-2244 Jake Chatters Executive Officer & Cierk R. Brown, Deput Attorneys for defendant Hyundai Motor America Con ) KH SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER 10 ANNA P. KING, Case No.: S-CV-0038637 SS 1 SS Plaintiff, DEFENDANT HYUNDAI MOTOR ee AMERICA’S EX PARTE APPLICATION 12 ee vs. TO CONTINUE TRIAL BY STIPULATION ee OF THE PARTIES; MEMORANDUM OF 13 ee HYUNDAI MOTOR AMERICA, a POINTS AND AUTHORITIES; ee California Corporation, and DOES | DECLARATION OF KAINOA ALIVIADO; 14 ee through 10, inclusive, [PROPOSED] ORDER ee 15 Defendants. ee Dept.: 42 16 Date: January 15, 2019 ee Time: 8:00 a.m. 17 Complaint Filed: October 28, 2016 eee 18 Trial Date: February 4, 2019 19 20 eee ee 21 Nee 22 TO THE COURT AND TO PLAINTIFF AND PLAINTIFF’S ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that on January 15, 2019 at 8:00 a.m., or as soon thereafter as 24 the matter may be heard in Department 42 of the above-titled Court located at 10820 Justice 25 Center Drive, Roseville, CA 95678, Defendant Hyundai Motor America’s (“HMA”) will apply 26 ex parte to this Court for an order continuing trial in this matter via stipulation of the parties. 27 The parties are in agreement that trial in this matter should be continued due to a conflict with 28 M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 1 CONTINUE TRIAL BY STIP.DOCX DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER another trial in San Diego County in which the Defendant and counsel for both parties are engaged. Dated: January 14, 2019 THETA LAW FIRM, LLP SOHEYL TAHSILDOOST Attorneys for Defendant Hyundai Motor America 10 12 13 14 15 16 17 18 19 20 21 4) 23 24 25 26 27 28 M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO CONTINUE TRIAL BY STIP.DOCX DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER MEMORANDUM OF POINTS AND AUTHORITIES 1. INTRODUCTION AND STATEMENT OF FACTS This “Lemon Law” case brought against Defendant Hyundai Motor America (“HMA”) by Plaintiff Anna P. King (“Plaintiff”) is currently set for trial on February 4, 2019. (Aliviado Decl., § 2.) HMA is also scheduled for trial on , Friday, February 1, 2019 (with an effective start date of February 4, 2019) in the matter of Cathy Conrad v. Hyundai Motor America, San Diego County Superior Court Case No. 37-2016-00039251 (“Conrad”). (Id., § 3.) On November 29, 2018, the Conrad case was continued to February 1, 2019 because HMA’s person most qualified witness was forced to take a medical leave and would be unavailable for trial as scheduled. (/d.) When the Conrad Court selected February 1, 2019 as the new trial date, HMA’s counsel informed the Conrad Court that February 1, 2019 did not work for trial because HMA had another case (the instant case) scheduled for trial on February 4, 2019. Ud.) However, the Conrad Court stated that due to the Conrad case’s age and the multiple continuances that had previously been granted, the Court would not continue the case past February |, 2019 and that HMA would be need to seek a continuance in its other matter to avoid a conflict. (/d.) In addition, Theta Law Firm, LLP is counsel of record for HMA in the instant matter and in the Conrad case and Plaintiff's counsel Knight Law Group, LLP and Altman Law Group, LLP are also counsel for the plaintiff in Conrad. (Id., § 4.) As such, not only does Defendant HMA have a conflict between the Conrad case and the instant case but counsel for both parties in this matter have a conflict with Conrad as well. (/d.) As a result of these conflicts, the parties, through their counsel, have stipulated to continue trial in the instant matter to any of the following dates: May 6, 2019, June 10, 2019, July 1, 2019 or July 8, 2019. (See Stipulation to Continue Trial, Exhibit A to Aliviado Decl.) Plaintiff was provided proper notice of the ex parte application. (Aliviado Decl. {| 6.) MI MI! /1/ M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 3 CONTINUE TRIAL BY STIP.DOCX DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER 2, GOOD CAUSE EXISTS TO GRANT A TRIAL CONTINUANCE Pursuant to Local Rule 20.1.12, parties may stipulate to a trial continuance so long as the parties provide mutually agreeable trial dates and present the stipulation via ex parte application. ww Furthermore, while a trial conflict is normally not reason for a continuance on its own, the continuance will be granted as long as the parties can show the conflict arose after the trial date sought to be continued was set and the conflict could not be avoided. (Local Rule 20.1 .12.) The DD parties have met the requirements of this Court’s local rules. There is a clear conflict between nN the trial in the instant case and in the Conrad matter that creates issues for all parties. Counsel for both parties are engaged in both trials and HMA will be further prejudiced if a continuance is 10 not granted since there is expected to be overlap between the witnesses HMA plans to use in the iv Conrad case and the instant case. The parties therefore reached a stipulation in which mutually 12 agreeable future trial dates are provided. Furthermore, the conflict came about after trial in the 13 instant matter was already set and could not be avoided, given the Conrad Court’s refusal to 14 continue the trial past February 1, 2019. Lastly, trial in this matter has only been continued once 15 before, back in early 2018. The parties have met all requirements for a continuance in this 16 matter and have stipulated to same. Therefore, there is good cause to continue the trial. it is clear 17 that Conrad will not be moved, per the Court. 18 3. CONCLUSION 19 Based on the foregoing, HMA respectfully requests that this Court grant its ex parte 20 application to continue the trial date in this matter per the stipulation of the parties. 21 Dated: January 19, 2018 22 THETA LAW FIRM, LLP 23 oO / Gy a 24 = ‘ ga A a 25 SOHEYL TAHSILDOOST Attorneys for Defendant Hyundai Motor America 26 27 28 M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 4 CONTINUE TRIAL BY STIP.DOCX DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER DECLARATION OF KAINOA ALIVIADO I, Kainoa Aliviado, declare as follows: l. I am an associate in the law firm of Theta Law Firm, LLP, attorneys of record for Defendant Hyundai Motor America. If called as a witness, I could and would competently testify under oath to the following facts of which I have personal knowledge. 2. This “Lemon Law” case brought against Defendant Hyundai Motor America D (“HMA”) by Plaintiff Anna P. King (“Plaintiff”) is currently set for trial on February 4, 2019. NY 3. HMA is also scheduled for trial on , Friday, February 1, 2019 (with an effective Oo start date of February 4, 2019) in the matter of Cathy Conrad v. Hyundai Motor America, San So Diego County Superior Court Case No. 37-2016-00039251 (“Conrad”). On November 29, 2018, 11 the Conrad case was continued to February 1, 2019 because HMA’s person most qualified 12 witness was forced to take a medical leave and would be unavailable for trial as scheduled. 13 When the Conrad Court selected February 1, 2019 as the new trial date, counsel from my office 14 informed the Conrad Court that February |, 2019 did not work for trial because HMA had 15 another case (the instant case) scheduled for trial on February 4, 2019. However, the Conrad 16 Court stated that due to the Conrad case’s age and the multiple continuances that had previously been granted, the Court would not continue the case past February |, 2019 and that HMA would 18 be need to seek a continuance in its other matter to avoid a conflict. 19 4, My office represents HMA in both the instant matter and the Conrad case. 20 Moreover, Plaintiff's counsel in this matter, Knight Law Group, LLP and the Altman Law 21 Group, LLP are counsel for the plaintiff in Conrad. Therefore, Defendant HMA and counsel on 22 both sides have a conflict between the two cases. 23 5. The parties have stipulated to a trial continuance in this matter as a result of the 24 conflict. The parties have selected the following dates for a continuance: May 6, 2019, June 10, 25 2019, July 1, 2019 or July 8, 2019. The parties have represented they are ready for trial on any 26 of these dates. Attached hereto as Exhibit A is a true and correct copy of the stipulation entered 27 into by the parties to continue the trial date in this matter. 28 6. Because the trial continuance was stipulated to, counsel for both parties have been M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 5 CONTINUE TRIAL BY STIP.DOCX DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER engaged in trying to obtain the continuance. Plaintiff's counsel suggested that the parties move ex parte for the continuance on January 15, 2019. My office obtained the ex parte hearing date and notified Plaintiff's counsel, that we would draft the papers and that the ex parte would proceed at 8:00 a.m. in Department 42 of the Placer County Superior Court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 14, 2019 at Lawndale, California. = as f a i fet 10 KAINOA ALIVIADO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M:\KING, ANNA\MOTIONS\EX PARTE TO CONTINUE TRIAL\EX PARTE TO 6 CONTINUE TRIAL BY STIP.DOCX DEFENDANT HYUNDAI MOTOR AMERICA’S EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KAINOA ALIVIADO; [PROPOSED] ORDER EXHIBIT A t iovi fahsildoost (Bar eso. 2712923 THE iA LAW FIRM, LLP WN 15901 Hawthorne Blvd., Suite 270 Lawndale, CA 90260 WY Telephone: (424) 297-3103 Facsimile: (424) 286-2244 eF Attorneys for defendant Hyundai Motor America WN DH SUPERIOR COURT OF THE STATE OF CALIFORNIA SN eo COUNTY OF PLACER oO ANNA P. KING, ) Case No.: S-CV-0038637 ) 11 Plaintiffs, ) STIPULATION AND [PROPOSED] ORDER ) TO CONTINUE TRIAL 12 vs. ) ) 13 HYUNDAI MOTOR AMERICA, a ) California Corporation, and DOES 1 ) Complaint Filed: October 28, 2016 14 through 10, inclusive, ) Trial Date: February 4, 2019 ) 15 Defendants. ) ) 16 ) 17 TO THE COURT: 18 By and through their counsel, Plaintiff Anna P. King and Defendant Hyundai Motor 19 America (“HMA”) hereby stipulate to continue the trial in this matter as set forth below: 20 HMA represents as follows: due to HMA’s person most qualified witness taking medical 21 leave, HMA had to continue a trial in a separate matter, Cathy Conrad v. Hyundai Motor 22 America, San Diego Superior Court Case No. 37-2016-00039251-CU-BC-CTL. The Court in 23 that matter set that trial for Friday, February 1, 2019 (with an effective start date of Monday, 24 February 4, 2019). HMA’s counsel advised the Court in Conrad that HMA and its counsel 25 would be engaged in a trial for this matter beginning February 4, 2019. However, the Court in 26 Conrad explained that because of the age of the Conrad case and the number of times it had been 27 continued, the Court would not move it beyond February 1, 2019, and that HMA would have to 28 have the other trial moved. M:\KING, ANNA\PLEADINGS'STIPOI-CONTINUE TRIAL. DOCX 1 STIPULATION AND |PROPOSED] ORDER TO CONTINUE TRIAL Due to the fact that HMA, its counsel, and Plaintrif’s counsel are very likely to be engaged in trial on the date that this matter is set to commence trial, the parties stipulate as follows: 1) In light of the above conflict, good cause exists to continue the trial date and both parties NDR AN agree to a tria] continuance. 2) The parties hereby agree to continue the trial date to the first available of any of the following dates: May 6, 2019, June 10, 2019, July 1, 2019, or July 8, 2019. The parties feo will be prepared to proceed with trial on any of these dates. 3) Co All trial related deadlines that have not already passed shall be rescheduled in accordance with the new trial date. oO 11 4) Any discovery that was timely noticed and is still currently incomplete shall be 12 completed by the parties, including the deposition of HMA’s Person Most 13 Knowledgeable, whether or not the discovery cut-off has passed. 14 5) This stipulation may be executed in counterparts and a signature produced by fax or 15 email shall be deemed an original signature. 16 17 Dated: December 1Y 2018 W GROUP 18 19 RUSSELLHIGGINS 20 Attorneys for Plaintiff 21 Dated: December 7, 2018 THETA LAW FIRM, LLP 22 23 > 24 SOHEYL TAHSILDOOST Attorneys for Defendant Hyundai Motor America 25 26 27 28 M:KING, ANNA\PLEADINGS\STIPO!-CONTINUE TRIAL DOCX 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL {PROPOSED)| ORDER Based on the foregoing stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED as follows: 1. The trial in this matter is continued to , at a.m. All trial related deadlines that have not already passed shall be rescheduled in accordance with the new trial date. 2; The settlement conference in this matter is continued to , at a.m. 3. The civil trial conference in this matter is continued to 10 , at a.m. 11 4. 12 13 14 Date: 15 JUDGE OF THE SUPERIOR COURT 16 17 18 19 20 21 22 23 24 25 26 27 28 TRIAL DOCX 3 MAKING, ANNA\PLEADINGS'STIPOl-CONTINUE STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL =| PROOF OF SERVICE (Code of Civil Procedure §1013a) HO I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the action. My business address is 10250 Constellation Blvd, Suite 2500, WY Los Angeles, CA 90067. BP I served the foregoing document described as: A STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL ND Said document was served on the interested parties in this action, by placing true copies thereof enclosed in sealed envelopes, with postage prepaid, addressed as follows: mF Sohey! Tahsildoost, Esq. Sepehr Daghighian, Esq. oO THETA LAW FIRM, LLP Hackler Daghighian Martino & Novak, PC 15901 Hawthorne Blvd., Suite270 10250 Constellation Blvd., Suite 2500 oe Lawndale, CA 90260 Los Angeles, CA 90067 Counsel for Defendant, Email: sd@hdmnlaw.com HYUNDAI MOTOR COMPANY Associated Counsel for Plaintiff, me (Via Mail Only) ANNA KING (Via E-Mail Only) ree BY MAIL: I am readily familiar with this firm's practice of collection and processing B correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at a Postal Service collection box at Los Angeles, California, in the ordinary course of business. The envelope was sealed and placed for collection that same day following ordinary business practices, addressed to the above-referenced attorney. BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an BB agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not RO receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. —Q NO I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. NHN VN Executed on January 4, 2019 at Los Angeles, California. WP NYO NYO KATERYNA MUKHINA Oo -]- PROOF OF SERVICE