ABASSI v. WELKE

No. B161964.

14 Cal.Rptr.3d 336 (2004)

118 Cal.App.4th 1353

Alex ABASSI, et al., Cross-Complainants and Appellants, v. Dale A. WELKE, Cross-Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

As Modified May 27, 2004.

As Modified June 22, 2004.


Attorney(s) appearing for the Case

Aguilar & Sebastinelli, Raul V. Aguilar, Allen J. Kent, San Francisco, and Timothy M. Ness, for Cross-Complainants and Appellants.

Lewis Brisbois Bisgaard & Smith, Jana I. Lubert, and Jessica A. Fortner, Los Angeles, for Cross-Defendant and Respondent.


Certified for Partial Publication.*

ALDRICH, J.

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...

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