Monday, May 18, 2015

Relief Under § 437c(h) Does Not Exist Just to Delay Foreclosures

Granadino v. Wells Fargo Bank, N.A., No. B256511 (D2d2 Apr. 29, 2015) 

In a foreclosure case, plaintiff tried to delay the inevitable by opposing summary judgement under Code of Civil Procedure § 437c(h), claiming that he needed more time to get evidence. Plaintiff’s § 437c(h) declaration complained of discovery shenanigans, but failed to detail what additional information could be discovered that was material to his opposition. And indeed, there was no reason why the additional discovery plaintiff wanted—the deposition of one of defendant’s employees—couldn’t have been obtained during the sixteen month window from the filing of the complaint until plaintiff’s opposition was due.

Affirmed. 

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