No Good Cause Shown To Continue Motion For Summary Judgment.

Code of Civil Procedure section 437c(h) provides that if it appears facts essential to justify opposition to a motion for summary judgment, upon a showing of good cause that an extension of time is needed to obtain those facts, “the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had.” The trial court here refused to continue the motion and granted summary judgment. It was undisputed that the sole negotiator of the agreement at issue in the breach of contract action was also one of the two individuals who submitted declarations in support of summary judgment. But that person refused to appear for his deposition on the grounds of the attorney-client privilege. In affirming, the appellate court said the trial court did not abuse its discretion, explaining: “This showing is not sufficient .. .to constitute good cause for a continuance. First, the mere fact that [the reluctant witness] submitted a declaration for the summary judgment motion does not establish that she possessed facts essential to [the] opposition. [The] supporting declaration merely authenticated the parties’ written correspondence and discovery responses. . . Second, [the opposing party] failed to show what specific facts it believed could be obtained . . . or how that information was essential to justify [the] opposition.” (Jade Fashion & Co. v. Harkham Industries, Inc. (Cal. App. Second Dist., Div. 7; September 8, 2014) 229 Cal.App.4th 635, [177 Cal.Rptr.3d 184].)