Arevalo v. Giumarra Farms CA5
Manuel Arevalo (plaintiff) sued Giumarra Farms, Inc. (Giumarra Farms), and Miguel Ahumada, Jr. (Ahumada), (collectively, defendants) for breach of contract and other torts. After two years of litigation, defendants filed motions for summary judgment. Shortly before plaintiff’s oppositions were due, he filed a procedurally defective request for a continuance. Plaintiff later filed untimely opposition papers.
The trial court refused to grant a continuance or consider plaintiff’s late-filed oppositions. Consequently, defendants were awarded summary judgment. On appeal, plaintiff contends the trial court erred by not continuing the summary judgment proceedings. He does not deny the untimeliness of his oppositions or address the merits of defendants’ motions. We affirm.
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