California, United States of America
The following excerpt is from Frazee v. Seely, 115 Cal.Rptr.2d 780, 95 Cal.App.4th 627 (Cal. App. 2002):
recently noted, the interests at stake are too high to sanction the denial of a continuance without good reason. "[T]echnical compliance with the procedures of Code of Civil Procedure section 437c is required to ensure there is no infringement of a litigant's hallowed right to have a dispute settled by a jury of his or her peers." (Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395, 107 Cal. Rptr.2d 270.)
Subdivision (h) was added to section 437c of the Code of Civil Procedure (hereafter section 437c) "[t]o mitigate summary judgment's harshness," and it mandates a continuance for the nonmoving party "`"upon a good faith showing by affidavit that a continuance is needed to obtain facts essential to justify opposition to the motion." [Citation.]' [Citation.]" (Bahl v. Bank of America, supra, 89 Cal.App.4th at p. 395, 107 Cal.Rptr.2d 270.) Moreover, the affiant is not required to show that essential evidence does exist, but only that it may exist. This, and the language stating the continuance shall be granted upon such a showing, "leaves little room for doubt that such continuances are to be liberally granted." (Ibid.)
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