Pham v. Mai-Thi Thi Nguyen

Opinion

SILLS, P. J.

In this case we affirm a judgment after the trial court denied a continuance request stipulated to in writing by both parties. The appellant relies on a little-known statute, section 595.2 of the Code of Civil Procedure, which on its face requires the trial court to continue trials, or the hearing of any motion or demurrer, when the parties agree in writing to such a postponement. As we explain below, the statute is directory, not mandatory, so the appellant was not entitled to the requested continuance.

But even though we affirm the judgment, we must register a small plea…