Judge: James A. Mangione, Case: 37-2022-00029745-CU-MM-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  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) 37-2022-00029745-CU-MM-CTL VAN DE POEL VS MERKES MD [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Jeffrey Van De Poel'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.) The deposition testimony was available before the summary judgment motion was adjudicated and could have been included in Plaintiff's opposition. The decision to exclude this testimony does not render the testimony new for purposes of CCP § 1008. (See Hennigan v. White (2011) 199 Cal.App.4th 395, 405.) The minute order is the order of the Court.

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