What is the test for obtaining a continuance under the California Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from Hetrick v. Deutsche Bank Nat'l Trust Co., F067675 (Cal. App. 2014):

Moreover, "[t]he statute cannot be employed as a device to get an automatic continuance by every unprepared party who simply files a declaration stating that unspecified essential facts may exist. The party seeking the continuance must justify the need, by detailing both the particular essential facts that may exist and the specific reasons why they cannot then be presented." (Lerma v. County of Orange (2004) 120 Cal.App.4th 709, 715-716.)

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