PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Opposition Papers
.........Incomplete Discovery
............Continuance
8 Cards On This Topic:

If it appears from opposition that facts essential to justify it may exist but cannot then be presented, ct. should deny motion, order continuance or make other just order.

In determining whether to grant responding party a continuance for discovery under CCP 437c (h), trial court may consider whether that party has been diligent in completing discovery.

P’s right to jury trial infringed when trial court refused continuance and granted SJ for D; public policy dictates that disposition on merits be favored over judicial efficiency.

Lack of diligence in securing discovery precludes continuance on grounds discovery incomplete.

Trial ct. should have granted "reasonable" continuance

Denial of continuance upheld when responding party had over 3 years to pursue discovery.

Denial of continuance upheld when responding party had ample time to pursue discovery.

Trial ct. not required to permit delay in summary judgment so that party "might" develop supporting evidence.