Cooksey V. Alexakis Book Reviews
Cooksey V. Alexakis by In the Court of Appeal of the State of California Second Appellate District Division Five Book Summary
Plaintiff and appellant Danelle Cooksey (appellant) appeals from an order denying her request under Code of Civil Procedure section 437c *fn1 , subdivision (h) to continue a motion for summary judgment brought by defendant and respondent Peter Alexakis (respondent). Appellant claims that a continuance was necessary because appellant's expert had to review outstanding written discovery responses and a transcript of respondent's prospective deposition before finalizing his opinions. Appellant contends that the trial court's denial of the continuance was an abuse of discretion. We hold that the trial court's denial of appellant's request for a continuance under section 437c, subdivision (h) was not an abuse of discretion because appellant failed to make a good faith showing as to what facts essential to oppose summary judgment may have existed and why such facts could not have been discovered sooner. We further hold that in determining whether to grant to a party responding to a summary judgment motion a continuance for discovery under section 437c, subdivision (h), the trial court may consider whether that party has been diligent in completing discovery.
Book Name | Cooksey V. Alexakis |
Genre | Law |
Author | In the Court of Appeal of the State of California Second Appellate District Division Five |
Published | 21 October 2004, Thursday |
Language | English |
E-Book Size | 69.3 KB |
Cooksey V. Alexakis (In the Court of Appeal of the State of California Second Appellate District Division Five) Book Reviews 2024
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Summary of Cooksey V. Alexakis by In the Court of Appeal of the State of California Second Appellate District Division Five
The Cooksey V. Alexakis book written by In the Court of Appeal of the State of California Second Appellate District Division Five was published on 21 October 2004, Thursday in the Law category. A total of 74 readers of the book gave the book 0 points out of 5.
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