stipulation to stay action and vacate trial dateCal. Super. - 1st Dist.October 7, 20211 2 3 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 Valerie A. Moore (Bar No. 107359) vmoore hbblaw.com Bevin A. erube (Bar No. 227965) bberube hbblaw. com HAIGHT ROWN & BONESTEEL LLP 555 South Flower Street, Forty-Fifth Floor Los Angeles, California 90071 Telephone: 213.542.8000 Facsimile: 213.542.8100 Attorneys for Defendant, FARMERS INSURANCE EXCHANGE (erroneously sued as Farmers Insurance) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO KENNY LEW, an individual, and SHARON WONG, an individual, Plaintiffs, FARMERS INSURANCE, a legal entity, and DOES 1-100, inclusive, Defendants. Case No. CGC-18-572314 STIPULATION TO STAY ACTION AND VACATE TRIAL DATE Judge: Hon. Garrett L. Wong, Presiding Judge Dept.: 206 Action Filed: December 24, 2018 Trial Date: July 13, 2020 Plaintiffs Kenny Lew and Sharon Wong (collectively "Plaintiffs") and Defendant Farmers Insurance Exchange (erroneously sued as Farmers Insurance) (hereinafter "FIE") hereby stipulate as follows: 1. WHEREAS trial in this matter is currently set for July 13, 2020; 2. WHEREAS this is an insurance coverage, insurance breach of contract and insurance bad faith case arising out of damage to Plaintiffs' home caused by water intrusion which involves complex cause and origin and construction issues. These cause and origin issues are currently being litigated in an underlying action by Plaintiffs against the neighboring landowners entitled Kenny Lew and Sharon Wong v. James Jew, et al., FI7'7-0000252 13344999.1 1 STIPULATION TO STAY ACT10N AND VACATE TRIAL DATE ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 05/18/2020 Clerk of the Court BY: MADONNA CARANTO Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 San Francisco Superior Court Case No. CGC-18-572238 ("Underlying Action"); 3. WHEREAS, this Court has the authority to stay this breach of contract and bad faith case pending the outcome of the Underlying Action pursuant to Code of Civil Procedure section 128, which provides that a court has the power to provide for the orderly conduct of proceedings before it, and to amend and control its process and orders so as to make them conform to law and justice. (Code Civ. Proc. § 128, subd. (a)(3) & (8).). The California Supreme Court has also acknowledged that "trial courts have inherent authority to stay [law] suits, holding them in abeyance pending resolution of underlying litigation." (Adams v. Paul (1995) 11 Ca1.4 583, 592-593.) 4. WHEREAS, a stay is appropriate and necessary based on: 1) the interrelated facts of the Underlying Action and this action; 2) the need to make determinations of fact and cause and origin in the Underlying Action in order to resolve coverage; and 3) in the interest of efficiency and judicial economy for the Court and the parties. The Underlying Action involves questions of fact as to the cause and origin of water ~ intrusion into Plaintiffs' residence. Plaintiffs allege in the Underlying Action that the neighboring property owner is responsible for the damage to their residence based on the alleged failure to maintain and repair the neighboring property. The source and scope of damage to Plaintiffs' residence, currently being litigated in the Underlying Action between the neighboring property owners, are key components to ascertain the scope of coverage, if any, under the FIE policy which is the subject of the action by Plaintiffs against FIE. As a result, the present breach of contract and bad faith action should be stayed in order to avoid inconsistent fact findings otherwise arising from the parties having to concurrently litigate identical issues in two separate actions. This will also result in the promotion of efficiency and judicial economy by reducing the amount of necessary and duplicative discovery and streamlining any diapositive motions on the coverage issues. 5. WHEREAS, based on the above, good cause exists to stay the present action ~~ and vacate the July 13, 2020 trial date, and all related and pending deadlines and cut-off FI77-0000252 13344999.1 STIPULATION TO STAY ACTION AND VACATE TRIAL DATE 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dates, pending the outcome of the Underlying Action. NOW THEREFORE: THE PARTIES HEREBY JOINTLY AGREE AND STIPULATE by and between counsel for Plaintiffs Kenny Lew and Sharon Wong and Defendant Farmers Insurance Exchange (erroneously sued as Farmers Insurance): 1. The present action, Lew, et al. v. Farmers Insurance, case no. CGC-18- 572314, is stayed. 2. The July 13, 2020 trial date, and all related deadlines and cut-offs, is vacated. 3. Defendant FIE will have 30 days from the date the stay is lifted to file a motion to compel, if any, to Plaintiffs' responses to For Interrogatories (Set One), Special Interrogatories (Set One), Requests for Admission (Set One), and Requests for Production (Set One). 4. The Court may, in its discretion, schedule additional Case Management Conferences during the term of the stay. SO STIPULATED. Dated: Apri19, 2020 HAIGHT BROWN & BONESTEEL LLP t' By: Valerie A. Moore Bevin A. Berube Attorneys for Defendant, FARMERS INSURANCE EXCHANGE (erroneously sued as Farmers Insurance) F[77-0000252 13344999.1 3 STIPULATION TO STAY ACTION AND VACATE TRIAL DATE 1 2 3 4 5 6 I, 7 8 9 10 11 12 13 ~~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Apri19, 2020 LAW OFFICES OF HOA T. COOC B Hoa T. Cooc Quynh Chen Attorneys for Plaintiffs, KENNY LEW and SHARON WONG Fns-0000zs2 4 t33aa999.1 STIPULATION TO STAY ACTION AND VACATE TRIAL DATE PROOF OF SERVICE 2 C~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Kenny Lew, et al. v. Farmers Insurance Case No. CGG 18-572314 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 555 South Flower Street, Forty-Fifth Floor, Los Angeles, CA 90071. On May 18, 2020, I served true copies of the following documents) described as STIPULATION TO STAY ACTION AND VACATE TRIAL DATE on the interested parties in this action as follows: Hoa T. Cooc, Esq. LAW OFFICES OF HOA T. COOC 212 9th Street, Suite 212 Oakland, California 94607 Phone: (510) 268-8063 Fax: (510) 271-8221 Attorneys for Plaintiffs, Kenney Lew and Sharon Wong BY MAIL: I enclosed the documents) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Haight Brown & Bonesteel LLP for collecting and processing correspondence for mailing On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Los Angeles, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 18, 2020, at Los Angeles, California. Keisha Steven FI77-0000252 13344999.1 STIPULATION TO STAY ACTION AND VACATE TRIAL DATE