Application CLMCal. Super. - 2nd Dist.December 23, 2014123 23561 378401583 562400020067960 895 113454 2190 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Rebecca Susan Riley COUNTY OF VENTURA VENTURA DATE: 08/20/2015 DEPT: 40 CLERK: Evelyn Balam REPORTER/ERM: None CASE NO: 56-2014-00461884-CL-MC-VTA CASE TITLE: White vs. Kamra CASE CATEGORY: Civil - Limited CASE TYPE: Misc Complaints - Other EVENT TYPE: Application (CLM) for Reconsidering Matter and Modify, Amending or Revoking Prior Order MOVING PARTY: Rajesh Kamra CAUSAL DOCUMENT/DATE FILED: Application - Other for Reconsidering Matter and Modify, Amending or Revoking Prior Order, 07/16/2015 STOLO APPEARANCES STOLO Rajesh Kamra, self represented Defendant, present. Stolo Counsel for Plaintiff has contacted the court (previous to the hearing) and is submitting on the tentative ruling and will not appear Sign language interpreter, Margaret Cobb, is present and interprets for Defendant Rajesh Kamra. (Badge verified, oath on file, certification number stated on the record.) FTR recording time 9:18 a.m. Matter submitted to the Court with argument. The Court finds/orders: At the request of the Court, the Defendant submits a medical history from his doctor. Matter is taken under submission. Having considered the submitted matter, the Court now rules as follows: The Court's tentative is adopted as the Court's ruling. The Court's ruling is to: VEN-FNR-10.03 MINUTE ORDER DATE: 08/20/2015 Page 1 DEPT: 40 CASE TITLE: White vs. Kamra CASE NO: 56-2014-00461884-CL-MC-VTA Deny the motion for reconsideration. Discussion The motion for reconsideration is brought under CCP §1008. 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. CCP § 1008(a). "It has long been the view that a party seeking reconsideration of a prior order based on 'new or different facts' must provide a satisfactory explanation for failing to present the evidence sooner." California Correctional Peace Officers Ass'n v Virga (2010) 181 Cal.App.4th 30. Karma knew all of the "new or different facts" he is now claiming when he filed his motion to vacate the default on May 28, 2015. He has not provided a satisfactory explanation for failing to present the evidence sooner. Notice to be given by Clerk. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 08/20/2015 Page 2 DEPT: 40
