Motion for reconsideration
4. Excessive Time Spent
Next, Defendant selects 30 entries that Defendant contends was excessive in the amount of time spent.
The following two entries appear to be excessive/unreasonable:
5/30/2025 HG Prepare for and draft hearing summary for vacated pre- trial conference 0.60 $550.00 $330.00 (the court will reduce to.1) 2/6/2026 SH Draft declaration is support of motion for attorneys’ fees 3.70 $395.00 $1,461.50 (the court will reduce to 2.5)
The court finds the other entries to be reasonable. The court deducts a total of $749.
5. Anticipated Billing for Opposition and Reply
Finally, Defendant contends that the requested amount of $4,000 for additional anticipated attorney fees in connection with reviewing Defendant’s Opposition to Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Expenses; preparing Plaintiff’s Reply brief; and attending the hearing on this Motion is excessive. The court agrees, and awards $2,500 for this work only.
Plaintiff shall give notice.
9 Hoang vs. CIT TENTATIVE RULING: Bank, N.A. For the reasons set forth below, the motion by Plaintiff Nam Neil Hoang for reconsideration of the court’s prior order is DENIED with prejudice.
“When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state 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.” (Cal. Civ. Proc. Code § 1008 (a).)
A court acts in excess of jurisdiction when it grants a motion to reconsider that is not based upon “new or different facts, circumstances or law.” (Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1499
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California Code of Civil Procedure section 1008 “is the exclusive means for modifying, amending, or revoking an order. That limitation is expressly jurisdictional.” (Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494,1499.)
Under the standards set forth above, Plaintiff fails to comply with CCP section 1008.
Plaintiff fails to specifically identify the “prior order” for which Plaintiff seeks reconsideration. The only order remotely within 10 days of Plaintiff’s pending motion for reconsideration and, therefore, the only order for which jurisdiction exists, was a January 21, 2026, order denying Plaintiff’s motion for reconsideration with prejudice. Plaintiff fails to offer any new facts, law, or circumstances since the January 21, 2026, order that would warrant reconsideration. All of the arguments that Plaintiff makes in Plaintiff’s pending motion for reconsideration were available at the time of the court’s January 21, 2026, ruling. Indeed, the pending motion for reconsideration is nearly identical to Plaintiff’s prior motion for reconsideration.
The motion is, therefore, denied with prejudice.
Plaintiff is admonished that the court is inclined to impose monetary sanctions against Plaintiff for any future meritless motions for reconsideration of the same/similar orders under Code of Civil Procedure section 128.5.
Plaintiff to give notice.
10 LVNV Funding TENTATIVE RULING: LLC vs. Bracic For the reasons set forth below, Defendant Demir Bracic’s unopposed motion to set aside default and default judgment is GRANTED.
The motion was previously continued due to service issues and procedural defects in Defendant’s declaration. The service issues have since been corrected. (See ROA ## 55, 56, 59). Further, Defendant’s declaration now complies with Code of Civil Procedure