19-9785 Sparano Reconsider 1/9/2020

Plaintiff James Sparano moves the court to reconsider its ruling granting Defendant Specialized Loan Servicing LLC’s demurrer. Having read and considered the written motion and opposition, the court issues the following tentative ruling:

Counsel for Plaintiff contends that she never received the demurrer.

A proof of service was attached to the demurrer, declaration and request for judicial notice indicating that the documents were served by mail on September 13, 2019.

The demurrer was scheduled for October 23, 2019.

Regardless of whether Code of Civil Procedure section 1008 allows a motion by a party to request reconsideration in this case, the California Supreme Court concluded in Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107 “that [Code of Civil Procedure section 1008 limits] the parties' ability to file repetitive motions but [does] not limit the court's ability, on its own motion, to reconsider its prior interim orders so it may correct