Judge: James A. Mangione, Case: 37-2021-00023933-CU-MM-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2021-00023933-CU-MM-CTL BURTON VS SILVERADO ESCONDIDO LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for Reconsideration is denied.

A motion for reconsideration must be 'based upon new or different facts, circumstances, or law.' (Code Civ. Proc., § 1008(a).) To qualify as new or different facts, 'the information must be such that the moving party could not, with reasonable diligence, have discovered or produced it at the trial.' (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212–213.) The moving party must 'offer some fact or circumstance not previously considered by the court.' (Id.) To support the instant motion, Plaintiff relies on a number of memorandum decisions issued by the Ninth Circuit on June 21, 2023. (ROA 91, Ex. 1.) However, the included memoranda rely on Saldana v. Glenhaven Healthcare, LLC (2022) 27 F.4th 679 to resolve issues of federal subject matter jurisdiction under the doctrine of complete preemption. As complete preemption was not at issue in the instant motion, these rulings do not impact the Court's analysis. Furthermore, to the extent that Saldana is relevant, the Court's order actually aligns with the reasoning of the opinion. (See id. at 688 ('The text of the statute shows that Congress intended a federal claim only for willful misconduct claims and not claims for negligence and recklessness.').) For the reasons stated above, the Court finds that Plaintiff has failed to satisfy the requirements of Code of Civil Procedure Section 1008(a), and the motion is denied.

The minute order is the order of the Court.

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