2015-00180028-CU-PO

John Rios Jr. vs. Raghvendra Singh

Nature of Proceeding: Motion to Set Aside Defaults and for Other Relief

Filed By: Singh, Raj

Defendant Singh’s Motion to Set Aside Defaults and Default Judgment is DENIED.

This is Defendant’s third motion to set aside default. The first was denied on 8/10/2016. The Court also denied Defendant’s motion for reconsideration of the first motion. The second was denied on 1/18/2017. With respect to the second motion, Defendant argues that the Court’s granting of Plaintiff’s application to serve him by publication was invalid because Plaintiff failed to comply with CCP §415.50.

Defendant now brings the instant motion, again arguing that Plaintiff failed to comply with CCP §415.50. This motion can only be construed as an untimely motion for reconsideration. (CCP §1008(a).) CCP §1008(a) requires that a motion for reconsideration be based on new or different facts,

circumstances, or law. A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time.” ( New York Times Co. v. Super. Ct. (2005) 135 Cal.App.4th 206, 212.)

Here, Defendant provides no new or different facts, circumstances, or law. Defendant’s declaration also fails to comply with CCP §1008(a) which requires that he state “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”