Kollander Construction, Inc. v. Superior Court

Opinion

HASTINGS, J.

We issued an order to show cause in this original proceeding and requested briefing on whether Code of Civil Procedure section 1008 is unconstitutional to the extent that it purports to deprive trial courts of their inherent power to reconsider interim rulings. We agree with Division Seven of this district which held in Darling, Hall & Rae v. Kritt (1999) 75 Cal.App.4th 1148, 1156 [89 Cal.Rptr.2d 676] that trial courts retain their inherent power notwithstanding the language of section 1008 which provides that compliance with its provisions is jurisdictional. But, we…