Renewing a motion in California under Code of Civil Procedure section 1008(b)

Renewing a motion in California under Code of Civil Procedure section 1008(b) is the topic of this blog post.   Renewed motions have a very distinct advantage over motions for reconsideration as they are not subject to the 10 day statutory time limitation imposed on motions for reconsideration.

The main disadvantage of a renewed motion is the fact that it can only by brought by the party who filed the original motion unlike a motion for reconsideration which can be brought by any party affected by an order. 

Renewed motions in California are authorized by and governed by Code of Civil Procedure § 1008(b) which states in pertinent part that “A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”

Note that the party filing the renewed motion must make a showing of new or different facts, circumstances or law since the date of the original order that the moving party was not aware of and could not have discovered with reasonable diligence. Failure to comply with the statutory provisions may result in denial of the renewed motion.

Several decisions of the California Courts of Appeal have stated that a decision on a motion is not res judicata, and a trial court has jurisdiction to consider a renewal of a prior motion.

Attorneys or parties in California who would like to view a portion of a sample renewed motion for California sold by the author that contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail can use the link shown below.

Sample California renewal of motion

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.