P0080 A party who seeks a continuance of a motion for summary judgment in a civil matter on the ground that until a parallel criminal investigation is concluded opposing the motion would implicate his privilege against self-incrimination has the burden of showing that facts necessary to oppose the motion might exist, but can not be presented because of a proper assertion of the privilegeCitationFISHER v GIBSON (Self-Incrimination) 90 CA4 275 [SeeCCP 437c; EvC 940; Fuller v Superior Court 87 CA4 299, P/AT 5/01; Pacers v Superior Court 162 CA3 686; Talcott v Short 100 CA3 504]
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