Judge: Armen Tamzarian, Case: 23STCV36154, Date: 2023-09-07 Tentative Ruling

Case Number: 23STCV36154    Hearing Date: September 7, 2023    Dept: 52

Plaintiff Janice Deutsch’s Motion for Reconsideration

Plaintiff Janice Deutsch moves under Code of Civil Procedure section 1008 for reconsideration of the court’s order sustaining defendant Braswell’s Colonial Care demurrer to the first amended complaint without leave to amend.  The court has no jurisdiction to reconsider that order under section 1008.  This section only applies to “interim orders.”  (Code Civ. Proc., § 1008, subd. (h).)  “Once the trial court has entered judgment, it is without power to grant reconsideration.”  (APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 182 (APRI); accord Betz v. Pankow (1993) 16 Cal.App.4th 931, 937.) 

The court has entered judgment in this action.  “[A] written order of dismissal is a judgment.”  (APRI, supra, 76 Cal.App.4th at p. 181.)  On July 28, 2023, the court issued and signed a written order stating that “the entire action is dismissed with prejudice.”  That order constitutes a judgment.  The court therefore cannot reconsider its order sustaining defendant’s demurrer without leave to amend.

Even if the court had jurisdiction to reconsider its order, it would not do so.  A motion for reconsideration must be “based upon new or different facts, circumstances, or law.”  (Code Civ. Proc., § 1008, subd. (a).)  The moving party “shall state by affidavit… what new or different facts, circumstances, or law are claimed to be shown.”  (Ibid.)  The moving party must also show diligence and explain why he or she could not have presented the new or different facts or law earlier.  (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 46; Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1200.) 

Plaintiff presents no new facts, circumstances, or law.  At most, she makes an argument based on different law: tolling of the statute of limitations under Code of Civil Procedure section 340.5.  Plaintiff has not shown any diligence in presenting this argument.  She could have made this argument when opposing defendant’s demurrer. 

Plaintiff Janice Deutsch’s motion for reconsideration is denied.