|
P0922 A trial court must deny or continue a motion for summary judgment if the party opposing the motion shows by affidavit that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented; however, this rule applies only if the request for continuance is made prior to the due date for opposition; failing to make a timely request because the press of other matters caused an attorney to forget is not excusable neglect from which a trial court is required to grant relief.CitationAMBROSE v MICHELIN (SJ Continuance) 134 CA4 1350 [See: CCP 437; Nazar v Rodeffer 184 CA3 546; Zamora v Clayborn 28 C4 249, P/AT 7/02]
|
|
