Lerma v. County of Orange

Opinion

MOORE, J.

There are times when respect for the human condition dictates a compassionate response to a request for a continuance. This is one of those times.

In the case before us, plaintiffs’ counsel was served with a motion for summary judgment on the day he was admitted to the hospital to have his cancerous bladder removed. The attorney was unaware that he had been served with the motion until the day after he was released from the hospital. He then had two business days in which to obtain affidavits, and prepare and file an opposition to the motion, or lose his clients’ case. Even…