Yuyao Linsheng Electrical Appliance v. AMICO International CA2/4

INTRODUCTION

Plaintiff and appellant Yuyao Linsheng Electrical Appliance Co. (Yuyao) appeals from a judgment in favor of respondents AMICO International Corp., AMICO Power Corp., Just Trading, Inc., Xing Jung Miao and Hong Yan Jiang, following a bench trial. Yuyao contends that the trial court erred in denying its request for a continuance of the trial based on the fact that Yuyao’s only witness was unable to secure a visa in time to travel from China to Los Angeles for the scheduled trial date. We conclude that the court did not abuse its discretion in finding that Yuyao failed to show good cause for the continuance, and thus we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Yuyao is a Chinese corporation, operating in China, that sold electrical and mechanical equipment to respondents in the years 2004 to 2007. Yuyao filed a complaint against respondents on July 14, 2010, alleging causes of action for breach of contract, account stated, quantum meruit, and promissory estoppel. Yuyao sought damages in the amount of $770,677.76. The parties waived jury trial, and a bench trial was set for September 12, 2011.

Withdrawal of Yuyao’s Original Counsel and Continuance of…