Case v. Lazben Financial Co.

Opinion

ALDRICH, J.

The issue squarely presented in this appeal is whether Code of Civil Procedure section 1008 1 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…