Joe Fazio vs. Wang Brothers Investments LLC

34-2023-00337831-CU-BC-GDS: Joe Fazio vs. Wang Brothers Investments LLC 03/20/2026 Hearing on Motion to Continue Trial in Department 47

Tentative Ruling

NOTICE: If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 47 ZoomLink is https://saccourt-ca-gov.zoomgov.com/my/sscdept47 and the ZoomGov ID is: 16173813009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 47 at (916) 874-5487 for assistance.

The motion of Defendants Wang Brothers Investments, LLC; Liberty Park, LLC; and Kaiwei Wang aka Kevin Wang (“Defendants”) to continue trial is ruled on as follows.

Trial is currently scheduled on June 2, 2026. Defendants request a continuance to at least March 2, 2027. No party filed an opposition.

“To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.” (Cal. Rules of Court, rule 3.1332(a).) “Although continuances of trial are disfavored, each request for a continuance must be considered on its own merits.” (Id., rule 3.1332(c).) “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Ibid.) “The general rule governing continuances set forth in section 9 [of the Standards of Judicial Administration] is that ‘. . . the necessity for the continuance should have resulted from an emergency occurring after the trial setting conference that could not have been anticipated or avoided with reasonable diligence and cannot now be properly provided for other than by granting of a continuance.” (Lazarus v. Titmus (1998) 64 Cal.App.4th 1242, 1250 [emphasis added].)

Defendant argues there is good cause for a continuance due to a recent substitution of counsel at the demand of prior counsel, delays in discovery due to the parties’ participation in mediation through January 2026, the complexity of the case as it involves three consolidated actions, and the potential that Plaintiff’s counsel may become a material witness necessitated a substitution of Plaintiff’s counsel.

34-2023-00337831-CU-BC-GDS: Joe Fazio vs. Wang Brothers Investments LLC 03/20/2026 Hearing on Motion to Continue Trial in Department 47

The Court finds good cause for a continuance based on the foregoing, the lack of opposition, and the factors set forth in California Rules of Court, rule 3.1332. The April 27, 2026 MSC and June 2, 2026 trial dates are VACATED.

The parties failed to comply with Local Rule 2.11, which requires all parties to provide their availability for trial when a motion to continue trial is pending, regardless of whether the motion is opposed. Given this failure to comply and the length of the continuance requested, the Court will refer this action to the trial setting process.

This case is referred to the Trial Setting Process for selection of Trial and Mandatory Settlement Conference dates. All counsel (including parties appearing in pro per) shall confer and agree upon trial and settlement conference dates. Available dates can be obtained on the court's web site at http://www.saccourt.ca.gov, or by recorded message at 916-874-6098. Plaintiff's counsel must notify the court of the selection of Mandatory Settlement Conference and Trial dates within 60 days of the date of this order by completing the request form at https://www.saccourt.ca.gov/civil/trial-setting.aspx. If the parties have not agreed on dates before the 60th day, court staff shall assign Mandatory Settlement Conference and Trial dates that are next available, unless an extension of time has been granted by the appropriate Case Management Program Judge.

This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules of Court, rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00337831-CU-BC-GDS: Joe Fazio vs. Wang Brothers Investments LLC 03/20/2026 Hearing on Motion to Continue Trial in Department 47

to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.

If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.