Garcia v. Orozco CA2/6
Raul B. Orozco appeals from the summary judgment granted to Bardomiano A. Garcia and Arminda B. Garcia (plaintiffs) on their complaint for breach of contract. Orozco contends the trial court committed reversible error by denying his ex parte application for a continuance of the summary judgment hearing. He claims he was eligible for such relief under either the discretionary or mandatory provisions of Code of Civil Procedure section 473, subdivision (b) [hereafter section 473(b)]. The record confirms, however, that the ex parte application was brought under section 437c, subdivision (h) [hereafter section 437c(h)], and that the court properly exercised its discretion to deny the application as untimely. We affirm the judgment.
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