What is the test for a declaration in support of a motion for continuance?
California, United States of America
The following excerpt is from Hoofman v. Pac. Crest Cmty. Ass'n, B230036 (Cal. App. 2013):
[Citations.]" (Cooksey v. Alexakis (2004) 123 Cal.App.4th 246, 253-254.) "A declaration in support of a request for continuance under [Code of Civil Procedure] section 437c, subdivision (h) must show: '(1) the facts to be obtained are essential to opposing the motion; (2) there is reason to believe such facts may exist; and (3) the reasons why additional time is needed to obtain these facts. [Citations.]' [Citation.]" (Cooksey, at p. 254.)
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