Judge: Holly J. Fujie, Case: 21STCV10195, Date: 2023-05-03 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 21STCV10195    Hearing Date: May 3, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            On March 15, 2021, Plaintiff filed a complaint (the “Complaint”).  On June 29, 2021, the Court dismissed the Complaint because Plaintiff failed to file a declaration as to why the case should not be dismissed. 

            On March 29, 2023, the Court granted Plaintiff’s motion to set aside the dismissal (the “Motion to Set Aside”) and issued an order reinstating the Complaint. 

On April 13, 2023, Plaintiff filed a motion for reconsideration (the “Motion”) requesting that the Court reconsider the Motion to Set Aside.

DISCUSSION

When an application for an order has been made to a judge or to a court and refused in whole or in part, granted, or granted conditionally, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order, make application to the same judge or court that made the order to reconsider the matter and modify, amend or revoke the prior order.  (CCP § 1008, subd. (a).)  Under CCP section 1008, subdivision (a), a motion for reconsideration must be based on new or different facts, circumstances or law.  (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212.)  A party seeking reconsideration must also provide a satisfactory explanation for the failure to produce the evidence at an earlier time.  (Id.)  Facts of which the party seeking reconsideration was aware of at the time of the original ruling are not “new or different.”  (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690.)  The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances or law are claimed to be shown.  (New York Times Co. v. Superior Court, supra, 135 Cal.App.4th at 212.)

            The Court granted the Motion to Set Aside, and the current Motion does not appear to seek other relief.  The Motion is therefore MOOT.

Moving party is ordered to give notice of this ruling. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 3rd day of May 2023