Blankenchip et al v. CitiMortgage, Inc. et al

Filing 90

ORDER signed by Senior Judge William B. Shubb on 9/20/2016 DENYING 88 Motion for Reconsideration; VACATING the hearing on said motion set for 10/17/2016. (Michel, G.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 ----oo0oo---- 10 11 RANDY BLANKENCHIP and SUSAN BLANKENCHIP, 12 13 14 15 Plaintiffs, CIV. NO. 2:14-02309 WBS AC ORDER DENYING MOTION FOR RECONSIDERATION v. CITIMORTGAGE, INC.; CALWESTERN RECONVEYANCE, LLC; and DOES 1-50, inclusive, 16 Defendants. 17 ----oo0oo---- 18 Defendant CitiMortgage, Inc. (“Citi”) seeks 19 20 reconsideration of the court’s August 26, 2016 Order denying its 21 motion for summary judgment as to punitive damages based 22 exclusively on the court’s “inherent power to reconsider 23 interlocutory orders and reopen any part of a case before entry 24 of final judgment.” 25 the court failed to consider the evidence “through the prism” of 26 the clear and convincing evidentiary burden that governs punitive 27 damages. 28 (1986) (“[I]n ruling on a motion for summary judgment, the judge (Citi’s Mem. at 3:16-20.) Citi argues that See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 254 1 1 must view the evidence presented through the prism of the 2 substantive evidentiary burden.”). 3 The court was well aware that a jury could award 4 punitive damages only upon finding that the plaintiffs 5 established oppression, fraud, or malice by clear and convincing 6 evidence. 7 California Civil Code section 3294, a plaintiff may recover 8 punitive damages ‘[i]n an action for the breach of an obligation 9 not arising from contract, where it is proven by clear and 10 convincing evidence that the defendant has been guilty of 11 oppression, fraud, or malice.’” (citing Cal. Civ. Code § 12 3294(a))).) 13 assuming the court had power to reconsider its prior order, it 14 sees no reason to do so. 15 (See Aug. 26, 2016 Order at 30:14-19 (“Pursuant to The court applied the correct standard and, even IT IS THEREFORE ORDERED that Citi’s motion for 16 reconsideration be, and the same hereby is, DENIED and the 17 hearing set for October 17, 2016 on that motion is VACATED. 18 Dated: September 20, 2016 19 20 21 22 23 24 25 26 27 28 2

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