Judge: Theodore R. Howard, Case: 20-1171109, Date: 2023-08-10 Tentative Ruling

The Motion for Reconsideration of Court Order Dated April 20, 2023 as to Defendant Equity Residential Management, LLC’s Termination Sanctions Motion, filed by Plaintiff Massoud Kaabinejadian (“Plaintiff”) on 5/1/23 is DENIED.

In order for any party to request reconsideration, the application must be made within 10 days after the service upon the party of written notice of entry of the order and based upon new and different facts, circumstances, or law. Plaintiff’s asserted different facts and circumstances are his assertion that Defendant lacks standing to bring any motion, as it failed to seek leave of the court before filing an Amended Answer to the First Amended Complaint.  While this may be grounds to strike an amended answer, it does not affect a party’s standing to participate in the proceeding.  Plaintiff cites Siry Inestment, L.P. v. Farkhondehpour (2022) 13 Cal.5th 333, presumably because the case involved the court striking defendants’ answers and entering their default.  Here, all that was stricken was a different defendant’s amended answer, leaving the original answer and the party’s standing in the case undisturbed. Plaintiff repeatedly asserts Defendant Equity Residential Management, LLC is in default but the record shows none of the defendants have been defaulted, and all parties have answers on file to the first two versions of the complaint as well as a pending demurrer to the Second Amended Complaint.

Further, any information about Defendant Equity Residential Management, LLC’s standing was available to Plaintiff long before the motion for terminating sanctions. As such, Plaintiff has failed to show new or different facts, circumstances, or law that would merit reconsideration.  Finally, Plaintiff’s motion for reconsideration does not comply with the requirements of CCP § 1008(a) as it does not include a statement by plaintiff that describes “by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”

As such the motion for reconsideration is DENIED.