Mancinelli v. Rusties International
Plaintiff Ozzie Mancinelli (Mancinelli) appeals an order denying his motion to add Rustie's International, Inc. (RI) to a judgment he obtained against RI's owner, defendant Kathleen Siewak (Siewak), and another company owned by Siewak, defendant Rustie's Unique Designs, Inc. (RUDI). We hold Mancinelli's motion to amend his judgment, made approximately five months after the court denied an identical motion "without prejudice," must satisfy the jurisdictional requirements of Code of Civil Procedure section 1008, subdivision (b). Court further hold the court did not abuse its discretion when it denied Mancinelli's renewed motion because he did not present new or different facts that did not exist before his original motion.
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