Plaintiff HB Park, LLC’s Motion For Reconsideration of the Court’s 01/04/18 Order Vacating Default of Defendant Rocky DeFrancis is DENIED
Plaintiff has failed to meet its burden for relief under Code Civ. Proc. § 1008(a) or (b). The application is not accompanied by an affidavit or declaration, the motion fails to present new or different facts or law, and the motion fails to establish why the new law or facts could not have been presented earlier.
The court has discretion whether to receive oral testimony on a contested issue of fact in a motion hearing. Mutual Mortgage Co. v. Avis (1986) 176 CA3d 799, 805. The court also has discretion to refuse to allow oral testimony. Eddy v. Temkin (1985) 167 Cal.App.3d 1115, 1121.
A party seeking to introduce live testimony at a law and motion hearing is required, in advance of the hearing, to obtain a court order upon a showing of good cause. The request for the order for live testimony must be served and filed not less than three court days before the hearing. Cal. Rule Court, Rule 3.1306(b). Plaintiff failed to timely request such an order, and additionally failed to make a showing of good cause for live testimony. The court’s exercise of its discretion as to whether to allow live testimony at a law and motion hearing is not a proper subject for reconsideration.
Likewise, Plaintiff’s disagreement with the court’s weighing of evidence does not constitute “…new or different facts, circumstances or law…” as required for relief under Code Civ. Proc. § 1008.
Defendant’s Request For Monetary Sanctions is denied.
Moving party to give notice.