Kollander Construction, Inc. v. Superior Court

We issued an order to show cause in this original proceeding and requested briefing on whether Code of Civil Procedure section 1008 is unconstitutional to the extent that it purports to deprive trial courts of their inherent power to reconsider interim rulings. We agree with Division Seven of this district which held in Darling, Hall & Rae v. Kritt (1999) 75 Cal.App.4th 1148, 1156 [ 89 Cal.Rptr.2d 676 ] that trial courts retain their inherent power notwithstanding the language of section 1008 which provides that compliance with its provisions is jurisdictional. But, we conclude we need not reach the constitutional issue in this case because the facts support the trial court’s finding that new circumstances arose to support reconsideration of the trial court’s denial of a section 473 motion to set aside a dismissal.

Background

The underlying action is one for personal injury brought by real party in interest Dionicia Alvarez. The action was filed on behalf of Ms. Alvarez by Attorney Mayra M. Fomos and alleged that Ms. Alvarez was injured when she fell into an excavation made by defendants Century Communications Corporation and Multi-Cable, Inc., when they were repairing…