Cooksey V. Alexakis

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.