Case

The issue squarely presented in this appeal is whether Code of Civil Procedure section 1008 restricts a trial court, on its own motion, from reconsidering one of its interim orders. For the reasons set forth herein, we conclude that a trial court can sua sponte reconsider its own interim orders irrespective of section 1008. If interpreted to eliminate a trial court’s jurisdiction in this regard, section 1008 would materially impair and defeat a core function of the judiciary, the power to resolve specific controversies between parties, in violation of the separation of powers doctrine. Therefore, section 1008 must be interpreted as restricting only the ability of litigants to bring motions for reconsideration.

Plaintiff and appellant Charleen Case appeals from the trial court’s order dismissing her complaint against defendants and respondents Lazben Financial Company, Benjamin Deutsch, and Lawrence Deutsch (hereinafter respondents) for failure to prosecute. The trial court initially denied respondents’ motion to dismiss, but sua sponte reconsidered the issue and granted the motion. Case asserts that the trial court exceeded its jurisdiction by reconsidering its order…