PRETRIAL ADJUDICATION
...Demurrers
......Relief from Order
.........Reconsideration
6 Cards On This Topic:

A party affected by an order may seek reconsideration before the same judge, within 10 days after knowledge of the order, based on new or different facts.

Person seeking to vacate sealing order no longer subject to direct review may make motion under Code Civ. Proc. §1008 (a), showing new or different fact, circumstance or law justifying vacation of existing order.

According to plain language of Code Civ. Proc. §1008, court acted in excess of jurisdiction in granting reconsideration motion not based on new or different facts, circumstances, or law.

In moving for reconsideration, P cannot rely on declarations dated before he filed initial motion; must be different or newly discovered facts, circumstances or law.

Different or new facts on motion to reconsider may be presented by proposed amended pleading.

Where party’s counsel was present in court when order made, party has knowledge of order.