What is the legal test for relitigating as a special defense a law and order motion which was previously denied?

Real party concedes it is unable to find any case law on the propriety of relitigating as a special defense a law and order motion which was previously denied. It suggests Code of Civil Procedure section 1008(b) contemplates renewal of motions earlier denied. However, Code of Civil Procedure section 1008(b) concerns motions for reconsideration where there has been a change in the facts. Here, real party, in its request to correct facts, concedes there has been no change of circumstance. It suggests, however, a court may permit a motion to be reheard even if the facts have not changed (see Lopez v. Larson (1979) 91 Cal.App.3d 383, 392, 153 Cal.Rptr. 912). Even if that were the law, that is not the case presented here. Rather, here, a ruling made 18 months earlier by a judge is now to be submitted as a defense to a jury. We know of nothing that would in any way authorize such a procedure.