Aguirre v. Chaung

17. Aguirre v. Chaung, Case No. CIVSB2516207 Defendant’s Motion for Reconsideration of Sanctions 7/30/26, 9:00 a.m., Dept. S-17

Tentative Rulings The Court would DENY. This motion relates the Court’s ruling on April 14, 2026, on Plaintiff’s motion to compel further responses to Request for Production, Set Two (RFP2).

The Court’s tentative found the motion moot because supplemental responses had been served after the motion was filed. The tentative also found that by serving supplemental responses, Defendant conceded that the initial responses were insufficient. In the Court’s ruling, it found that while the motion was moot, sanctions in the amount of $1,360 would be payable to Plaintiff in thirty days.

Now, although Defendant asserts he paid the sanctions, he seeks reconsideration pursuant to Section 1008(e) of the Code of Civil Procedure. Section 1008(e) provides relief upon submission of: (a) new or different facts, circumstances, or law; and (b) a declaration showing: (1) what application was made before, (2) when and to what judge; (3) what order or decisions were made; and (4) what new or different facts, circumstances, or law are claimed to be shown. Section 1008 is the exclusive means for modifying, amending, or revoking an order or for a renewal of a previous motion. (Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.)

Here, Defendant fails to raise new facts, circumstances, or law. In opposition to the underlying motion to compel, Defendant raised issues regarding the meet-and-confer efforts and also stated that he had voluntarily agreed to provide supplemental responses. He argued against the imposition of sanctions raising that he had voluntarily agreed to supplement responses to avoid the motion. Thus, the Court previously considered these arguments. Without any new fact, circumstance, or law, Defendant’s motion must be denied.

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