Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

Granting or refusing a motion for continuance is discretionary with the trial court.  Vallera v. Vallera (1946) 166 P.2d 893.  The trial judge’s discretion in granting a continuance is broad and will not be disturbed so long as reasonable and not arbitrary.  Cade v. Mid-City Hospital Corp. (1975) 119 Cal. Rptr. 571.

Under Rule 375(a) of the California Civil Law and Motion Rules, a motion for a continuance will be granted only upon an affirmative showing of good cause therefore.  For example, good cause may exist in a motion when a material witness who, as evidenced by a declaration, will suffer great hardship if required to return to California to testify during a season in which he has active work such as hunting when the person is not able to work when the season is over.