An order denying a motion for reconsideration based on new evidence per California Code of Civil Procedure 1008(b) is not appealable. This decision holds that later statutory amendments have not abrogated the holding in Tate v. Wilburn (2010) 184 Cal.App.4th 150 that an order denying a renewed motion made under CCP 1008(b) is not appealable. Here, defendant filed a renewed motion to compel arbitration more than 60 days after its first motion to compel arbitration was denied. In support of the second motion, it supplied some additional evidence. The trial court denied the renewed motion finding that the new evidence didn’t make any difference. The Court of Appeal dismissed the appeal from the order denying the renewed motion, as the order was not an appealable order.
California Court of Appeal, Second District, Division 3 (Johnson, J., sitting by assignment); May 26, 2017; 2017 WL 2302170