Sandra Martin vs Unemployment Insurance Appeals Board

Case No.: STK-CV-UWM-2019-0002389     Track Rulings In Case

Tentative Ruling

Petition Sandra Martin's motion for reconsideration is Denied. CCP section 1008.

A motion for reconsideration under CCP section 1008 must be based on new or different facts, circumstances or law, other than those presented before the court at the time of the original ruling. But that's not all. The burden under CCP section 1008 is on the party bringing the motion, to establish that they could not, with reasonable diligence, have discovered or produced it at the earlier time. New York Times Co. v. Sup. Ct. (2005) 135 CA4th 206, 212-213.

Petitioner falls woefully short of her burden. Petitioner has presented no new facts for the Court to consider. She states she'll present new facts at the hearing, but this is not a proper offer of proof. If indeed there were new facts which Petitioner could not have presented earlier in support of her writ of mandate, then she needed to present them in her motion, but she failed to do so. ........