Escoto vs. Sweetwater Union High School District

Case No.: 37-2013-00053221-CU-OE-CTL    

Defendant Sweetwater Union High School District's Motion for Court Order Compelling Plaintiff to Pay Pro Rata Portion of Court Reporter Fees for Trial or, in the Alternative, Motion to Dismiss Pursuant to CCP § 583.410(a)(2)(A) is denied.

Although not identified as such, this is a motion for reconsideration of the court's prior ruling denying the same request. Pursuant to Cal. Civ. Pro. Section 1008, a motion for reconsideration is only appropriate where there are new facts or new law. Here, Defendant relies on the recent California Supreme case of Jameson v. Desta (2018) 5 Cal.5th 594 and asserts that the opinion provides new guidance on the issue raised in the motion. This court is not persuaded that this newly published opinion is new law as applied to the facts of this case. Thus, there is no basis for reconsideration of the prior ruling and the motion is denied.

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