2016-00193392-CU-BC

Vladimir Nikitin vs. Elena Morozova

Nature of Proceeding: Motion to Set Aside Judgment Entered on 11/16/17

Filed By: Morozova, Elena

Defendant Morozova’s “Motion to set Aside Judgment Entered on November 16, 2017” is DENIED.

Although the motion is denominated a motion to set aside a judgment, it is actually a motion for reconsideration of a discovery order entered on 11/16/17. (Morozova cites CCP § 473(b) in her moving papers, but there is no evidence of inadvertence, mistake, surprise or excusable neglect.) Morozova’s current arguments–that she complied with the underlying discovery requests, and that Plaintiff Nitikin’s counsel failed to meet and confer before moving to compel–were previously raised and rejected. (See Order of 11/16/17.) Although the 11/16/17 order did not expressly address Morazova’s request for a monetary sanction, the court rejected her request and imposed a monetary sanction against her.

In short, the court resolved all of the issues in the current motion on 11/16/17. Because Morozova has not demonstrated any new or different facts, circumstances or law since the 11/16/17 order was entered, she is not entitled to reconsideration of that order. (See CCP § 1008(a).)

The motion is denied.