Legal Question in Civil Litigation in California

Your opportunity to oppose on the basis of needing time for additional discovery was when your opposition was due - back on July 11. Furthermore, the timeline for motions for summary judgment were changed many years ago to require the motion to be filed 75 days before the hearing, thus allowing a large amount of time to conduct discovery before the opposition is due 14 days before the hearing. This has virtually eliminated "need for discovery" as a grounds for denial of summary judgment except where the moving party has refused to respond or has otherwise blocked discovery promptly issued by the responding party in the 61 days between when the motion is filed and the opposition is due or earlier in the case. So unless you promptly issued discovery requests when you received the motion and there has been some barrier to completing your discovery between then and now, AND you have some excuse for not filing on the 11th if you needed further discovery, there is nothing you can file tomorrow that will do any good. Your ONLY other hope is to hire an attorney tomorrow morning who is willing to go in ex parte and ask for a continuance of the summary judgment hearing in the interests of justice so that he or she can prepare and participate in the case. I give you less than a 50/50 chance on that one.