| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion For Reconsideration Of Denial Of Motion To Compel Per Ccp Section 1008
Set for Law and Motion/Discovery Calendar on Monday January 12, 2026, Line 8. Plaintiff Jane Doe's Motion For Reconsideration Of Denial Of Motion To Compel Per Code of Civil Procedure Section 1008 is DENIED.
A request for reconsideration may be brought under Code of Civil Procedure section 1008(a). A motion for reconsideration by a party under section 1008(a) must be "based upon new or different facts, circumstances, or law." (Code of Civil Procedure section 1008(a).) The moving party bears the burden of proving that the alleged "new or different facts, circumstances, or law" could not, with reasonable diligence, have been discovered or produced earlier. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212-213.) This standard is jurisdictional. (See Code of Civil Procedure section 1008(e).)
Plaintiff here failed to carry her burden to show new or different facts, circumstances, or law justify reconsideration of the challenged orders. The court lacks jurisdiction to grant the request. By this motion, Plaintiff seeks reconsideration of a discovery order. The motion for reconsideration is considered to be a continuation of the original discovery order. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1437-1438.)
The record does not demonstrate Plaintiff acted with substantial justification in connection with this motion. Plaintiff Jane Doe is ordered to pay to Defendant through counsel Sunena Sabharwal $1,200 in sanctions, payable by February 3, 2025.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |