Judge: Erick L. Larsh, Case: 2022-01256931, Date: 2023-08-17 Tentative Ruling

Plaintiff Waikyisha K. Hall’s Motion for Reconsideration is denied. (See Code Civ. Proc. § 1008, subd. (a).)

The motion was not brought within ten days of notice of the court’s ruling as required by Calif. Code of civil Procedure, section 1008, subdivision (b). (See Code Civ. Proc., section 1008, subd. (e); see also Garcia v. Hejmadi (1997) 58

Cal.App.4th 674, 691.)

Even if the motion were timely filed or the court exercised its discretion to grant reconsideration on its own motion is response to this motion, the court would not reverse its ruling. Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (“Ochoa v. Ford”) was accepted for review by the Supreme Court and it has no binding or precedential effect. (See Calif Rules of Court, rule 8.1115(e)(1).)

The court of appeal in Ochoa cannot overrule the holding of another California court of appeal. The holding in Ochoa did not reverse (Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486), it is only further evidence that there is a split of authority among the California Courts of Appeal.

The motion is denied.

Plaintiff is ordered to give notice