Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC

Code of Civil Procedure section 1008 imposes special requirements on renewed applications for orders a court has previously refused. A party filing a renewed application must, among other things, submit an affidavit showing what “new or different facts, circumstances, or law are claimed” (id., subd. (b)) to justify the renewed application, and show diligence with a satisfactory explanation for not presenting the new or different information earlier (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30 , 45-46 & fns. 14-15 [ 103 Cal.Rptr.3d 699 ]; see Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 688-690 [ 68 Cal.Rptr.2d 228 ]). Section 1008 by its terms “applies to all applications ... for the renewal of a previous motion” and “specifies the court’s jurisdiction with regard to [such] applications.” (§ 1008, subd. (e).) This case raises the question whether section 1008 governs renewed applications under section 473, subdivision (b) (section 473(b)), for relief from default based on an attorney’s “sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect” (ibid.). We conclude section 1008 does govern such applications.…