Sheaffer v. ScottValleyUnionHigh School
Plaintiff Rene Sheaffer appeals from the judgment entered after the motion for summary judgment by defendants Scott Valley Union School District and James Morris was granted. Plaintiff contends the trial court erred in denying her request for a continuance under Code of Civil Procedure section 437c, subdivision (h) to permit additional discovery.[1] She further contends the trial court erred in granting summary judgment and in denying her motion to continue trial. Court reverse. While we find plaintiff was inexcusably dilatory in discovery and her counsels declaration in support of her request under section 437c, subdivision (h) was inadequate, we nonetheless find the trial court abused its discretion in denying a continuance of both the motion for summary judgment and the trial. The trial court did not address the fact that plaintiff had not received documents ordered released by the juvenile court and erred in resolving an evidentiary ambiguity in favor of the moving parties. Because the courts rulings on both matters were made based on an error of law, we find an abuse of discretion.
Comments on Sheaffer v. ScottValleyUnionHigh School