Fisher v. Gibson

Opinion

DOI TODD, J.

The defendant appeals from a summary judgment entered in favor of the plaintiff. Appellant’s primary contention is that the court should not have heard the summary judgment motion against him but should have denied or continued the motion because he faced a parallel criminal investigation and was entitled to invoke his Fifth Amendment privilege against self-incrimination. We affirm because plaintiff proved his case and defendant failed to establish the right to a continuance under Code of Civil Procedure section 437c, subdivision (h).

Factual and Procedural Background

This…