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

P's request for continuance properly denied where P failed to make good faith showing as to what facts essential to oppose SJ existed and why they could not have been discovered sooner.

Must file affidavit to obtain continuance; memo of points and authorities insufficient.

Party requesting continuance must file affidavit or decl. explaining need for continuance.

Denial of continuance not abuse of discretion where moving party does not clearly establish s/he actually was incapacitated due to illness.

No policy to grant continuance liberally.

Incomplete discovery must be relevant to issues on SJ for trial ct. to grant continuance.

Lack of diligence in securing discovery precludes denial of summary judgment on ground discovery incomplete.

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

Ct. may grant continuance; discretion not abused when much time passed after suit filed, extensive discovery done, and P had no plans to hire new attorney.

Denial of continuance upheld when responding party had ample time to pursue discovery and did not indicate to trial ct. what additional evidence it expected to discover if continuance granted.

Trial ct. not required to permit delay in SJ so that party "might" develop evidence to support case through others’ efforts.

Continuance denial upheld when opposing party’s counsel learned he did not have case file 4 days before summary judgment hearing.

Trial ct. has discretion to determine duration of continuance for summary judgment motion.

Continuance not granted absent motion to amend complaint.

Trial ct. has discretion to make order granting SJ unless P could demonstrate D’s liability within 90 days.