What is the test for a motion to grant a continuance when a party fails to comply with notice requirements?

California, United States of America


The following excerpt is from Victor v. Superior Court of Orange Cnty., G055519 (Cal. App. 2018):

" '[W]here a party seeking a continuance fails to comply with the notice requirements, the trial court must make a two-step decision. It must first determine whether there was good cause for failure to comply with those requirements. If there was not good cause, the court must deny the motion. [Citation.] If the court finds there was good cause for failure to comply, it must then decide whether there is good cause for granting a continuance.' [Citation.]" (Mendez v. Superior Court (2008) 162 Cal.App.4th 827, 833.)

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