1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) CONTINUANCE OF HEARING ON MOTION FOR
13 vs. ) SUMMARY JUDGMENT OR IN THE
) ALTERNATIVE FOR SUMMARY ADJUDICATION;
14 Any Defendant, and DOES 1-5 ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF __________;
15 Defendants. ) EXHIBITS
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
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23 address. Be sure to remove this notice and all other notices before
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using this document.
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PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
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that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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 1 ____________________________________________, ______________will and does move the
2 Court, pursuant to Code of Civil Procedure § 437c(h) for a continuance of the hearing on
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_______________________motion for summary judgment or in the alternative summary
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adjudication presently scheduled for hearing on ______________. ________ requests that the Court
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order a continuance of the hearing on the motion for summary judgment for a period of _______ days

7 to allow them to obtain the necessary discovery in order to prepare an effective opposition to the

8 motion for summary judgment.

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This motion is made on the ground that essential evidence may exist but cannot be presented
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in time for the presently scheduled hearing, for the following reason(s): STATE HERE THE
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REASONS SUCH AS: ESSENTIAL EVIDENCE MAY EXIST BUT CANNOT BE
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13 PRESENTED AT THIS TIME IN THAT THE PARTY SEEKING SUMMARY JUDGMENT

14 HAS SUBMITTED THE DECLARATION OF A WITNESS THAT CONTAINS CRITICAL

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FACTS THAT WERE NOT PREVIOUSLY DISCLOSED TO THE RESPONDING PARTY
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WHO IS THUS ENTITLED TO TAKE THE DEPOSITION OF THE WITNESS.
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This motion is based upon this notice, the attached memorandum of points and authorities, the
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19 attached declaration of ______________ and Exhibits attached thereto, the files and records in this

20 action, including __________________Motion for Summary Judgment or in the Alternative for

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Summary Adjudication, and on such other oral and/or documentary evidence as may be presented at
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the hearing on the Motion.
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Dated________________ ___________________________________________________
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ANY ATTORNEY OR PARTY
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26 Note that you should file and serve this motion as soon as possible
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28 after being served with the motion for summary judgment and

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 1 remember that you MUST file and serve this motion at least 14
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calendar days before the hearing on the motion for summary judgment.
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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This case arises out of ________________________________________________.
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Put down a brief description of the case, such as breach of contract action, with cross-

7 complaint, etc.

8 Plaintiff’s complaint alleges that________________________________________. Defendant

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denies all of the allegations of Plaintiffs’ complaint.
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Plaintiffs filed their motion for summary judgment or in the alternative summary adjudication
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contending that Defendants have no defense to the complaint and that they are entitled to judgment as
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13 a matter of law or

14 Defendants filed their motion for summary judgment or in the alternative summary
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adjudication contending that they entitled to summary judgment in their favor on the grounds that
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they have met their burden of showing that each element of the cause of action in question has been
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proved, and that there is no defense thereto.
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19 _________ requests that the Court order a continuance of the hearing on the motion for

20 summary judgment or in the alternative summary adjudication on the grounds that facts essential to
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their opposition may exist but cannot be presented at this time in that: Modify the following for your
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particular situation
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_______________ has submitted the declaration of a witness that contains critical facts that
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25 were not previously disclosed to the responding party who is thus entitled to take the deposition of

26 the witness. See the declaration of __________ and Exhibits attached thereto, concurrently filed and
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served herewith and incorporated herein by reference.
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 1 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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II.

7 LEGAL ARGUMENT

8 A. THIS COURT HAS THE STATUTORY AUTHORITY TO ORDER A

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CONTINUANCE OF THE HEARING ON THE MOTION FOR SUMMARY
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JUDGMENT AS __________ HAS SHOWN THAT FACTS ESSENTIAL TO THEIR
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OPPOSITION MAY EXIST BUT CANNOT BE PRESENTED AT THIS TIME.
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13 This Court has the statutory authority to order a continuance of the hearing on the motion for

14 summary judgment or in the alternative summary adjudication as _______ has met their burden of
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showing that facts essential to their opposition may exist but cannot be presented at this time.
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20 continuance-of-hearing-on-motion-for-summary-judgment-in-
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california
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