Judge: Jon R. Takasugi, Case: 22STCV39704, Date: 2024-12-10 Tentative Ruling

Case Number: 22STCV39704    Hearing Date: December 10, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion for reconsideration is DENIED.

On 12/21/2022, Plaintiffs You Li and Jane Wenjun Sha (collectively, Defendants) filed suit against Travis Bayles, Alan Quach, Sanborn Collective, LLC, and Urban Asset Group, LLC, alleging: (1) promissory fraud; (2) fraudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty.

            On 5/29/2024, Plaintiff’s motion for summary judgment was granted.

            On 11/14/2024, Defendant moved for reconsideration of the Court’s 5/29/2024 Order granting summary judgment.

Discussion

Defendant argues that Court improperly determined this action was not stayed.

Pursuant to Code of Civil Procedure section 1008, subdivision (a), a motion for reconsideration must be brought “within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order.”  (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212.) 

Here, Defendant’s motion for reconsideration was filed 169 days after the order granting summary judgment. As such, it is grossly untimely, and cannot be considered.

Based on the foregoing, Defendant’s motion for reconsideration is denied.

It is so ordered.

Dated:  December    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.