Hamilton v. Orange County Sheriff's Dept.
Annotate this CasePlaintiff contended the trial court erred by not accepting the parties‘ stipulation to continue a hearing on defendant‘s summary judgment motion and the trial for 60 days. The parties had agreed to these continuances to allow plaintiff to take depositions of the witnesses whose declarations had been submitted in support of defendant‘s pending summary judgment motion. Plaintiff had timely noticed these depositions but they could not go forward because defendant‘s counsel was engaged in trial. The court had earlier granted defendant‘s ex parte motion to continue the trial so that defendant‘s summary judgment motion could be heard. Under these circumstances, the Court of Appeal concluded the trial court abused its discretion by failing to accommodate counsel‘s joint request for a further 60-day continuance. Accordingly, the Court of Appeal reversed the judgment.
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