Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable
Posted by Law Firm of Haight Brown & Bonesteel LLP on Aug 12th 2018
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken.The case arose from an employment-related contract dispute between two Gastroenterologists (hereafter “Petitioners”) and Plaintiff/Cros
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