Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns
Opinion
Opinion
Devich, J.
Do It Urself Moving & Storage, Inc. (DIU), Robert Winet, and Melinda Winet (collectively plaintiffs) appeal from the summary judgment entered in favor of Brown, Leifer, Slatkin & Berns (BLSB), Eugene Brown, and Gerald Slatkin (collectively defendants). We reverse.
Background
On October 5, 1988, DIU filed a complaint against defendants and others alleging causes of action for breach of contract, negligence, breach of fiduciary duty, and accounting.
Trial was scheduled to commence on April 16, 1990. On March 12, 1990, following the denial of its ex parte motion to continue the trial date, DIU noticed a motion to continue the trial date for six months. In its points and authorities, DIU indicated that “[t]he primary reason there is good cause for this short continuance is that DIU will be totally unable to prove liability and damages against [defendants] . . . until DIU’s recently retained accountants have completed their audit of DIU’s and [defendants’] records.”
On April 11, 1990, prior to the hearing on plaintiffs’ motion, the parties entered a stipulation (the stipulation) whereby, inter alia, they agreed to a court trial; the trial would be continued “to a date not…