How does section 437c of the California Code of Civil Procedure apply?

Code of Civil Procedure section 437c, subdivision (h) provides, "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 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." In order to obtain a continuance, the requesting party must show "'(1) the facts to be obtained are essential to opposing the motion; (2) there is reason to believe such facts may exist; and (3) the reasons why additional time is needed to obtain these facts. [Citations.]' [Citation.] The decision whether to grant such a continuance is within the discretion of the trial court." (Frazee v. Seely (2002) 95 Cal.App.4th 627, 633.)

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