LORAN SIMON VS. TODD BRABEC ET AL

Set for Law and Motion/Discovery Calendar on Monday, August 11, 2025, Line 2. PLAINTIFF LORAN SIMOn's Motion For Reconsideration Of June 5, 2025 Order Re: Plaintiff'S Motion To Compel Defendant 426 Fillmore Association'S Further Responses To Form Interrogatories.

Plaintiff Loren Simon's Motion For Reconsideration Of June 5, 2025, Order Re: Plaintiff's Motion To Compel Defendant 426 Fillmore Association's Further Responses To Form Interrogatories is DENIED.

Plaintiff moves under Code of Civil Procedure section 1008, subdivisions (a) and (b). Under both subdivisions, the reconsideration motion must be "based upon new or different facts, circumstances, or law." (Code of Civ. Proc. 1008(a)&(b).) The moving party bears the burden of proving that the alleged "new or different facts, circumstances, or law" could not, with reasonable diligence, have been discovered or produced earlier. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212-213.) This standard is jurisdictional. (See Code of Civil Procedure section 1008(e).)

Plaintiff here has not demonstrated any new facts, law or circumstances justifying the requested relief. Specifically, the court finds the Notice of Motion for Injunctive Relief, filed February 8, 2024, is not new and Plaintiff failed to demonstrate he could not have with reasonable diligence produced it with his discovery motion. Nor does Plaintiff identify any other fact or authority that could not have with reasonable diligence been produced during the proceedings on the motion. As brought under Code of Civil Procedure section 1008, subdivisions (a) and (b), the motion is denied.

The court regrets the typographical errors in the June 5, 2025, Order, but the substance of the order is clear and unaffected by the errors belatedly identified by Plaintiff. The court declines to exercise its authority to reconsider its June 5, 2025, Order on its own motion.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address.

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