Abassi

I.

INTRODUCTION

In this case we are called upon to resolve the issue of whether the trial court may sua sponte entertain a second summary judgment motion following its denial of a previous summary judgment motion notwithstanding subdivision (e) of Code of Civil Procedure section 1008. Finding that the court’s consideration of such a motion involves a core judicial function and fosters the fair and efficient administration of justice, we hold that the court has jurisdiction to entertain and rule on a second summary judgment motion.

Physicians and surgeons may, pursuant to Insurance Code section 1280.7, become members of an interindemnity arrangement that creates a trust fund funded by member contributions. The income from the trust fund and assessments of the members are used to cover malpractice lawsuits.

Appellants are hundreds of the doctors who formed Physicians Interindemnity Cooperative Corporation (PICC) and Physicians Interindemnity Trust (PIT), collectively PIT/PICC, pursuant to Insurance Code section 1280.7.

The matter before us involves a cross-complaint brought by appellants against respondent Dale A. Welke (Welke). Welke was the attorney primarily…