Judge: Lee W. Tsao, Case: 21NWCV00400, Date: 2023-02-10 Tentative Ruling

Case Number: 21NWCV00400    Hearing Date: February 10, 2023    Dept: C

Plaintiff's ex parte application is DENIED.  CCP 437c(h) provides in relevant part, "If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.  The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due."

Here, Plaintiff filed an opposition on February 3, 2023, without submitting an affidavit in opposition to request a continuance to conduct discovery.  Instead, plaintiff made the initial MSJ continuance request on February 6, 2023, but that request was not made pursuant to CCP 437c(h).  Even if Plaintiff properly made the request, the request is untimely because it was not made "on or before the date the opposition response to the motion is due."