Requesting reconsideration in California pursuant to Code of Civil Procedure section 1008(a)

Requesting reconsideration of an order in California pursuant to Code of Civil Procedure section 1008(a) is the topic of this blog post.  A party wishing to request reconsideration of an interim order must file a motion for reconsideration pursuant to Code of Civil Procedure section 1008(a) which is the statute that authorizes reconsideration of an order.

Motions for reconsideration in California can be useful however parties need to be aware of their limitations.  The first and most important limitation is the 10 day time limit. A statutory motion for reconsideration must be filed within 10 days after service on the party of written notice of entry of the order. The second limitation is the requirement that the party moving for reconsideration of an order 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.

Code of Civil Procedure § 1008(a) states that “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state 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.”

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 reconsider a prior ruling.

And several decisions of the California Courts of Appeal have held that a demurrer is an application for an order within the meaning of Code of Civil Procedure Section 1008(a) and will support an application to reconsider an order sustaining a demurrer without leave to amend.

A motion for reconsideration is only applicable to interim orders, not final orders.  Note that any party affected by an order may file a motion as reconsideration is not limited to the party who filed the original application for an order.

Attorneys and parties in California who would like to view a portion of a sample motion for reconsideration that contains a memorandum of points and authorities, sample declaration and  proof of service by mail that is sold by the author can use the link shown below.

Sample motion for reconsideration

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 235 sample legal documents. Visit his website at LegalDocsPro website

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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.

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