Judge: Mark E. Windham, Case: 22STCP00294, Date: 2024-01-02 Tentative Ruling

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Case Number: 22STCP00294    Hearing Date: January 2, 2024    Dept: 26


 

Anthem, Inc. v. Gerwer, et al.

MOTION FOR RECONSIDERATION


TENTATIVE RULING:

 

Respondent Alexander Gerwer’s Motion for Reconsideration is PLACED OFF CALENDAR.

 

 

ANALYSIS:

 

Petitioner Anthem, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award on January 27, 2022. Respondent filed a response on May 10, 2022. On June 2, 2022, the Court granted the Petition and judgment was entered on June 14, 2022. Respondent filed an appeal of the judgment, which was dismissed by the Appellate Division on July 24, 2023. (Remittitur, filed 07/24/23, p. 6.) The Appellate Division also ruled that Petitioner was entitled to recover its costs on appeal. (Ibid.)

 

Petitioner filed a memorandum of costs on August 23, 2023. On October 13, 2023, Respondent filed the instant Motion for Reconsideration. Respondent’s Motion for Reconsideration asks the Appellate Division to reconsider its ruling allowing Petitioner to recover its costs on appeal. (Motion, p. 2:1-7.) This Motion must be heard by the Appellate Division, not the limited jurisdiction court. (See Cal. Rules of Court, rule 8.889.) Therefore, the hearing on Respondent’s Motion for Reconsideration is placed off calendar.

 

 

Court clerk to give notice.