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AMERICAN TOWERS OWNERS v. CCI MECHANICAL12/20/1996
nswer and ensuing default . . . require the court to accept the factual allegations as true, but the court [should] enter judgment as requested only if it determined those facts established an actionable claim." Stevens v. Collard, 837 P.2d 593, 596 n. 5 (Utah.Ct.App. 1992) (emphasis added). Were the rule otherwise, a court could be obligated to enter a money judgment on a complaint as frivolous as a refusal to share recipes with a neighbor. Id. Thus the court must determine whether an actionable claim exists.
The district court declined to enter a multimillion dollar default judgment in favor of the Association in view of its previous rulings finding that the claims failed as a matter of law. We find no error.
DENIAL OF MOTION TO CONTINUE DISCOVERY
Beginning in May 1994, most of the defendants filed motions for summary judgment. In response, the Association moved for a continuance under rule 56(f) of the Utah Rules of Civil Procedure, on which motion the court apparently did not rule. In July 1994, the Association filed a second rule 56(f) motion. The Association asserted that one
year (since the filing of its second amended complaint) was an insufficient period to conduct discovery given the size and complexity of the case. More specifically, it stated that it needed more time to examine (1) when certain statutes of limitations began to run, (2) the intent of the parties on its third-party beneficiary claim, (3) "the parties' undisclosed knowledge of the defects of the project," and (4) the relationships and agreements of the various parties.
The district court conducted a hearing in August 1994, denied the Association's rule 56(f) motion, and granted all of the summary judgment motions. The Association argues that the court erred in denying its motion to continue discovery.
Rule 56(f) provides:
Should it appear from the affidavits of a party opposing the motion [for summary judgment] that he cannot . . . present . . . facts essential to justify his opposition, the court may refuse the application for judgment and may order a continuance to permit affidavits to be taken or depositions to be taken or discovery to be had or may make such other order as is just.
Utah R. Civ. P. 56(f). We review a trial court's decision to grant or deny a motion under this rule under the abuse of discretion standard. Crossland Sav. v. Hatch, 877 P.2d 1241, 1243 (Utah 1994). While a party's rule 56(f) request is to be liberally considered, such motions may be properly denied where they are found to be "lacking in merit." Id.; Jones v. Bountiful City Corp., 834 P.2d 556, 561 (Utah.Ct.App. 1992) (trial court should not grant rule 56(f) motion to protect party from merits of motion for summary judgment). In Jones, the court rejected a rule 56(f) motion where, even if the facts the plaintiff believed would be discovered were actually borne out, they would not have been legally relevant to the narrow issue before the court on summary judgment. 834 P.2d at 562.
The holding in Jones applies here. The Association's second amended complaint sought damages for unjust enrichment, breach of contract/warranty (third-party beneficiary), negligence, and breach of implied warranty. We have affirmed the district court's holding that each of these four claims fails as a matter of law. In addition, we have held that First Security was released from these claims and that the Association was not entitled to a money judgment against Block Associates, Inc. These two conclusions were also matters of law. As in Jones, the facts that the Association seeks to discover would not be legally relevant to the resolution of these issues. See also Calliou
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