Judge: Nick A. Dourbetas, Case: 2017-00952914, Date: 2022-10-28 Tentative Ruling

Motion for Reconsideration

Plaintiff E. Calhoun’s motion for reconsideration is continued to July 28, 2023. 

This motion seeks reconsideration of the court’s March 18, 2022 Minute Order. Plaintiff has filed a notice of appeal with respect to the same March 18, 2022 minute order as of June 16, 2022. (See ROA Nos. 477, 478, 480.)

The appeal was dismissed on June 16, 2022 for failure to pay the statutory filing fees as mandated by CRC Rule 8.100(c)(2).  (See ROA #490.)  However, the Court of Appeal later reinstated the appeal on October 6, 2022.  (See ROA #492)

The appeal divests the court of jurisdiction to consider the pending motion for reconsideration, at least at this time. (Code Civ. Proc., § 916, subd. (a); see Elsea v. Saberi (1992) 4 Cal.App.4th 625, 629 [“The trial court's power to enforce, vacate or modify an appealed … order is suspended while the appeal is pending.”].)

Clerk shall give notice.