Careau & Co. v. Security Pacific Business Credit, Inc.

Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

New York Times Co. v. Superior Court

Holding that evidence was not new or different within the meaning of Code Civ. Proc., § 1008 where it was revealed in depositions held two business days before the hearing, and noting that the moving party could have moved for a continuance to present the deposition transcripts to the court if they were not ready at the time of the hearing

Garcia v. Hejmadi

Rejecting as inadequate counsel's explanation that " 'important facts and evidence' " were not presented earlier " 'due to an inadvertent oversight.' "

Glade v. Glade

In Glade, the husband's parents, as trustees of their intervivos trust, held a note secured by a deed of trust against the husband and wife's home.

Robbins v. Los Angeles Unified School Dist.

Finding mistake of law inexcusable where party made no effort to ascertain validity of erroneous belief re legal status of case

Mink v. Superior Court

Concluding the trial court abused its discretion in denying a motion for relief from a judgment

Graham v. Hansen

Holding lack of knowledge of a legal theory of recovery is irrelevant as "[t]he statute of limitations is not tolled by belated discovery of legal theories, as distinguished from belated discovery of facts"

Schachter v. Citigroup Inc.

In Schachter v. Citigroup, Inc., 126 Cal. App. 4th 726, 23 Cal. Rptr. 3d 920 (2005), as in the case at bar, the plaintiff brought a class action suit against his former employer, alleging violations of the labor code, conversion, and unfair business practices, in connection with the CAP plan. Defendant's motion for summary judgment had originally been denied, but four years later, the trial court granted a renewed motion for summary judgment, and the employee appealed.

Stephen v. Enterprise Rent-A-Car

In Stephen v. Enterprise Rent-A-Car (1991) 235 Cal.App.3d 806 (Stephen) the Court of Appeal affirmed an order denying a renewed motion for class certification brought under the auspices of Code of Civil Procedure section 1008, subdivision (b).

Curtin v. Koskey

In Curtin, the dismissal for failure to prosecute effectively overrode the granting of a preferential trial setting (Curtin, supra, at pp. 877–878, 282 Cal.Rptr. 706); in Morite, the setting of trial conflicted with the earlier stay. (Morite, supra, at p. 492, 23 Cal.Rptr.2d 666.)

Section 1008 - Motion to reconsider matter and modify, amend or revoke prior order

Stating that an order denying a motion for reconsideration is not appealable

Rule 3.1300 - Time for filing and service of motion papers