Legal Question in Civil Litigation in California

"If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due."

(Code Civ. Proc., sect. 437c, subd. (h).)

Mr. Roach cites the correct law. What it means is that you either submit an opposition to the motion that includes a request for denial or continuance based on affidavits submitted in the opposition that prove there is need for further discovery, OR BEFORE THE OPPOSITION IS DUE you file an ex parte motion to continue the date for hearing the summary judgment motion.