Morite of California v. Superior Court

In Morite of California v. Superior Court (1993) 19 Cal.App.4th 485, a judge set an action for trial after another judge had ordered the trial stayed, despite the absence of the procedural prerequisites of section 1008. Morite held the trial court had acted in excess of its jurisdiction. ( Id. at p. 488.) It explained that section 1008 "denies trial courts jurisdiction to reconsider, modify, amend or revoke their prior orders, whether final or interim, except pursuant to the procedure set forth in section 1008." ( Id. at p. 487.) "Section 1008 governs motions for reconsideration, by parties or the court itself. It is the exclusive means for modifying, amending or revoking an order. That limitation is expressly jurisdictional." ( Id. at p. 490.) In support of its conclusion, Morite pointed to the legislative addition of subdivision (e) in 1992. ( Id. at pp. 491-492.)