Judge: Lee W. Tsao, Case: 20STCV41511, Date: 2023-02-09 Tentative Ruling

Case Number: 20STCV41511    Hearing Date: February 9, 2023    Dept: C

DE LEON v. LAKEWOOD PARK MANOR

CASE NO.:  20STCV41511

HEARING:  02/09/23

#6

TENTATIVE ORDER

Defendant LAKEWOOD RESIDENTIAL CARE LLC’s Motion to Compel Arbitration is DENIED.

Opposing Party to give Notice.

The instant Motion constitutes Defendant/Moving Party LAKEWOOD RESIDENTIAL CARE, LLC’s (“Defendant”) second attempt to compel arbitration. Defendant indicates that its renewed Motion is properly before this Court because the initial Motion was denied without prejudice on August 2, 2022. (Ari Decl., ¶11.) However, the August 2, 2022 Order does not indicate that the initial Motion was denied without prejudice—the Order indicates that the Motion was simply denied. This second Motion to Compel Arbitration appears to be a disguised Motion for Reconsideration of Defendant’s initial Motion to Compel Arbitration that was decided and DENIED on August 2, 2022.

A Motion for Reconsideration constitutes the exclusive means for a party seeking modification, amendment, or revocation of an order. (See Morite of Calif. v. Sup. Ct. (1993) 19 Cal.App.4th 1485, 490.) A party seeking reconsideration of an order based on “new evidence” must present “a satisfactory explanation for failing to provide the evidence earlier, which can only be described as a strict requirement of diligence.” (See Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690.)

Although Defendant does not seek reconsideration of the Court’s August 2, 2022 Order, this Court notes that such request would ultimately be denied for the following reasons: (1) such a request would be untimely under CCP §1008(a); and (2) Defendant fails to demonstrate why any newfound evidence could not have been submitted in time for the hearing on the Motion to Compel Arbitration held on August 2, 2022.

The Motion is DENIED.