Adeli v. Zakskorn Construction Co. CA1/2
This appeal raises two primary issues, one procedural and the other substantive. The substantive issue concerns whether the trial court correctly ruled, in the context of defendant’s motion for judgment on the pleadings, that plaintiff’s breach of contract claim is barred by the statute of limitations. The procedural issue concerns whether the trial court should have entertained the defendant’s motion at all. We conclude the trial court should not have entertained the motion, which was defendant’s third challenge to the pleadings and second to the operative first amended complaint. The motion sought relief the defendant previously requested and the trial court previously denied. The motion did not meet the requirements of Code of Civil Procedure section 1008 because defendant made no effort to show it had acted with diligence and had good cause for failing earlier to raise the argument it made in the renewed motion.
Comments on Adeli v. Zakskorn Construction Co. CA1/2