PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Opposition Papers
.........Incomplete Discovery
............Court's Discretion
10 Cards On This Topic:

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

Judicial reluctance to decide early SJ motion.

SJ unwarranted where discovery incomplete and record does not permit informed resolution of issues.

Ct. has discretion whether to excuse failure to comply with requirement of decl. in support of motion for continuance.

Continuance of SJ hearing mandated upon good faith showing by affidavit that continuance needed to obtain facts essential to justify opposition to motion.

Power to determine when continuance should be granted is within discretion of ct.; no right to continuance as matter of law.

Ct. has discretion to grant continuance; not abused when substantial period of time passed after suit filed, extensive discovery done, and P had no plans to hire new atty .

Where discovery problematic or incomplete, more prudent to delay SJ motion until after full discovery.

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

Ct. has discretion to grant continuance; not abused where counsel requested continuance when he learned 4 days before SJ hearing that he did not have case file.