Judge: Mark E. Windham, Case: 20STLC10061, Date: 2022-07-27 Tentative Ruling

Case Number: 20STLC10061    Hearing Date: July 27, 2022    Dept: 26

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Renewed Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment is DENIED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Calvin Sims (“Defendant”) on December 2, 2020. On May 7, 2021, Plaintiff filed a copy of the parties’ settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on May 12, 2021. (Order for Settlement and Dismissal, filed 05/07/21.)

Plaintiff filed the first Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on January 4, 2022. The first Motion came for hearing on March 2, 2022 and was denied by the Court. (Minute Order, 03/02/22.) Plaintiff made no appearance at the hearing. (Ibid.)

Plaintiff filed the second or renewed Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on June 13, 2022. No opposition has been filed to date.

Discussion

When a party seeks the same relief that was previously denied, it must bring a renewed motion pursuant to Code of Civil Procedure section 1008, subdivision (b). (California Correctional Peace Officers Ass’n v. Virga (2010) 181 Cal.App.4th 30, 43, fn. 11; see also Tate v. Wilburn (2010) 184 Cal.App.4th 150, 156-157.) When a motion has been denied in whole or in part, the moving party may apply again for the same relief at a later time only upon “new or different facts, circumstances or law.” (Code Civ. Proc., § 1008, subd. (b); see Graham v. Hansen (1982) 128 Cal.App.3d 965, 969-970.)

There is no time limit under section 1008 to renew a previous motion. (See Code Civ. Proc., § 1008, subds. (b), (e); Stephen v. Enterprise Rent-A-Car of San Francisco (1991) 235 Cal.App.3d 806, 816.) However, a renewed motion must be supported by a declaration showing the previous order, by which judge it was made, and what new or different facts, circumstances or law are claimed to exist. (Code Civ. Proc., § 1008, subd. (b).)

Plaintiff’s Renewed Motion to Enforce Settlement seeks the same relief as the previously denied first Motion to Enforce Settlement. (Notice of Second Motion, filed 06/13/22, p. 1:21-2:6; Notice of First Motion, filed 01/04/22, p. 1:21-2:6.) However, the Renewed Motion fails to comply with the requirements of Code of Civil Procedure section 1008. The supporting declaration does not mention the prior order nor demonstrate what new or different facts, circumstances or law are claimed to exist. (Renewed Motion, Anderson Decl.) A showing of new or different facts, circumstances or law is a jurisdictional prerequisite to granting the instant Renewed Motion. (Kerns v. CSE Ins. Group (2003) 106 Cal.App.4th 368, 391 [“the procedural prerequisites set forth for reconsideration of orders and renewal of motions previously denied are jurisdictional as applied to the actions of parties to civil litigation”].)

Furthermore, the declaration in support of the Renewed Motion contradicts itself by stating that payments were made in the amount of $50.00, and then stating that no payments have been made towards the settlement. (Renewed Motion, Anderson Decl., ¶¶4, 7.) The declaration in support of the Renewed Motion also contradicts the declaration in support of the First Motion by seeking judgment in the amount of $7,490.45, while the First Motion sought judgment in the amount of $10,712.58. (Id. at ¶7; First Motion, Anderson Decl. ¶7.) These unexplained discrepancies make it impossible for the Court to determine whether the settlement agreement has been breached and in what amount.

Conclusion

Accordingly, Plaintiff State Farm Mutual Automobile Insurance Company’s Renewed Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment is DENIED.

Moving party to give notice.