New Supreme Court Opinion Re: Application of Code of Civil Procedure Section 1008 to Renewed Motions Under Code of Civil Procedure Section 473, subd. (b)
The California Supreme Court issued an opinion in Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (July 20, 2015, S210804) __ Cal.4th __, analyzing whether a motion reconsideration underCode of Civil Procedure section 1008 (“section 1008”) governs renewed applications brought under the mandatory default relief provision under Code of Civil Procedure section 473, subdivision (b) (“section 473(b)”). (Slip opn., p. 2.) The Supreme Court held that section 1008 applies to section 473(b). (Id. at pp. 12-14.)
The Supreme Court reasoned that section 473(b) and section 1008 do not conflict. (Slip opn., p. 14.) “Section 1008 expressly applies to all renewed applications for orders the court has previously refused . . . and no language in section 473(b) purports to exempt applications for relief from default from the requirements of section 1008.” (Id. at p. 12.) The Supreme Court recognized that three lower court decisions—Standard Microsystems Corp. v. Winbound Electronics Corp. (2009) 179 Cal.App.4th 868; Ron Burns Construction Co., Inc. v. Moore (2010) 184 Cal.App.4th 1406; and Wozniak v. Lucutz (2001) 102 Cal.App.4th 1031—have expressed the view that motions for relief from default under section 473(b) need not comply with section 1008. The Supreme Court held that none of the decisions offer a persuasive justification for its conclusion on that point. (Id. at p. 16.) The Supreme Court disapproved the three cases to the extent the decisions are inconsistent with the views set out in this opinion. (Id. at p. 18.)
Each of the firm's offices include partners, associates and a professional staff dedicated to meeting the challenge of providing the firm's clients with extraordinary service.
