p0060 When a party submits an affidavit demonstrating that facts essential to justify opposition to a motion for summary judgment may exist but have not been presented to the court because discovery has not been completed, the court should continue the motion unless doing so will result in prejudice.

BAHL v B OF A (Idea Theft) 89 CA4 389 [See: CCP 437c; Aguimatang v CA State Lottery 234 CA3 769; Scott v CIBA 38 CA4 307, T/AT 10/95; Rosh v Rhodes 25 CA4 530, T/AT 7/94; FSR v Superior Court 35 CA4 69, T/AT 7/95; Thatcher v Lucky 79 CA4 1081, T/AT 5/00]