Sample motion for continuance of hearing on motion for summary judgment in California
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Sample motion for continuance of hearing on motion for summary judgment in California.
This sample motion for continuance of hearing on motion for summary judgment in California is filed pursuant to Code of Civil Procedure section 437c(h) for a continuance of the hearing on a motion for summary judgment or in the alternative summary adjudication to allow the party to obtain the necessary discovery in order to prepare an effective opposition to the motion for summary judgment. This motion is made on the grounds that essential evidence may exist but cannot be presented in time for the presently scheduled hearing for specified reasons.
The sample motion is 19 pages and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority,
- Sample declaration,
- Proposed order granting motion for a continuance of the hearing on the motion for summary judgment or in the alternative summary adjudication, and
- Proof of service.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
Note that the author is NOT an attorney and no guarantee or warranty is provided.