Superior Court
San Diego County, State of California

The following is a TELEPHONIC, ruling for 10/9/2003, Department #30, the Honorable THOMAS P. NUGENT presiding.

Case Number GIN024734

PLAINTIFF'S MOTION FOR RECONSIDERATION IS DENIED. THE COURT FINDS THAT PLAINTIFF HAS FAILED TO STATE ANY NEW OR DIFFERENT FACTS, CIRCUMSTANCES OR LAW SUCH THAT WOULD JUSTIFY RECONSIDERATION OF THE COURT'S RULING OF JULY 24, 2003. CCP SECTION 1008(B).

PLAINTIFF HAS MISINTERPRETED THE COURT'S FEBRUARY 20, 2003 RULING ON THE DEMURRER TO THE COMPLAINT/PETITION. AS THE COURT CLEARLY STATED, THE ONLY CLAIM REMAINING IN THE FOURTH CAUSE OF ACTION IS THE ALLEGED BREACH OF CONTRACT BY DEFENDANT IN FAILING TO ALLOW PLAINTIFF A SECOND OPINION. THE EXTRANEOUS ALLEGATIONS IN THE FOURTH CAUSE OF ACTION IN REGARD TO GAGGING, COERCION, ETC. DO NOT FORM THE BASIS FOR ANY FURTHER RELIEF OR THEORY OF LIABILITY.

PLAINTIFF FURTHER CLAIMS THAT THE COURT IMPROPERLY REFUSED TO ADDRESS PLAINTIFF'S REQUEST FOR AN ACCOMMODATION. SUCH A REQUEST WAS NOT CONTAINED IN PLAINTIFF'S NOTICE OF MOTION. THE ONLY REFERENCE TO AN ACCOMMODATION IN PLAINTIFF'S SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES WAS MADE AT PAGE 15 OF PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN WHICH PLAINTIFF REQUESTED THE COURT TO ISSUE AN ORDER REQUIRING DEFENDANT TO MAKE REASONABLE ACCOMMODATIONS FOR PLAINTIFF'S POLIO DISABILITY THROUGHOUT THE CONDUCT OF THIS ACTION. PLAINTIFF CITED NO AUTHORITY AT THE TIME IN SUPPORT OF SUCH REQUEST. IN THE INSTANT MOTION, PLAINTIFF CITES SIMPLY TO SAN DIEGO SUPERIOR COURT RULES, DIVISION II, PREAMBLE STATING THAT LAWYERS SHOULD NOT ARBITRARILY OR UNREASONABLY WITHHOLD CONSENT TO A JUST AND REASONABLE REQUEST FOR COOPERATION OR ACCOMMODATION. PLAINTIFF HAS FAILED TO STATE THE PRECISE REQUEST FOR ACCOMMODATION THAT PLAINTIFF IS REQUESTING. NOTWITHSTANDING, THE COURT DECLINES TO FIND THAT THIS LANGUAGE SUPPORTS THE IMPOSITION OF ANY ORDER AGAINST DEFENDANTS.

THIS IS A FINAL RULING ENTERED AS OF THIS DATE. NO FURTHER WRITTEN ORDER IS REQUIRED. THE COURT WILL NOT ENTERTAIN ORAL ARGUMENT.

Please send questions or comments about this page to the Superior Court Webmaster San Diego Superior Court, Systems Group, 330 West Broadway, San Diego, CA 92101