Mood

FACTS AND PROCEDURAL HISTORY

Plaintiff filed his complaint in the underlying action on June 23, 2023. On January 6, 2025, the trial court issued a minute order denying two motions by plaintiff. Plaintiff did not appear at the hearing on the motions. The first motion was entitled “Plaintiff’s Petition to Amend Motion for Fraud on the Court Under Rule 60, with Motion for Nonsuit Under Cal. Civ. Proc. Section 581c” (Motion to Amend), pursuant to which plaintiff sought to “amend[] his errant motion for (PLD-C-001) fraud on the court, under Rule 60, while the court makes its determination to transfer the case to the appellate court, where the petition may also be transferred.” The court denied the motion on the grounds it was unclear what relief plaintiff was seeking, the motion was unsupported by legal authority and argument, there had been no jury trial that would make a motion for nonsuit applicable, and to the extent plaintiff was seeking reconsideration of an earlier ruling by the trial court, the motion did not satisfy the requirements of Code of Civil Procedure section 1008. The second motion filed by plaintiff was to set aside a default judgment entered on January 22, 2024, as…