CASE NAME: Evan Pierce v. State of California, et al.

CASE NUMBER: 19STCV40106

MOTION: Motion for Determination of Good Faith Settlement (Motion for Reconsideration)

HEARING DATE: 06/01/2021

Legal Standard

A court may reconsider a prior ruling if the party affected provides notice within 10 days of the order it seeks reconsideration of “new or different facts, circumstances, or law.” (Code Civ. Proc. §1008(a).) “[F]acts of which the party seeking reconsideration was aware at the time of the original ruling are not ‘new or different.’” (In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [citing Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690].) “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.” (Code Civ. Proc., § 1008(a).)

Analysis

On September 17, 2020, the Court denied Jane Kiely Davis’ moti