CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Reconsideration
............Statutory Motion
 13 Cards On This Topic:
  • Party may request reconsideration of court's denial of application for an order within 10 days.
  • Party who initially made application for order may make subsequent application when new facts discovered.
  • Court may reconsider prior order if it determines law has changed.
  • Violation of Code Civ. Proc. §1008 may be punished as contempt and may result in sanctions and revocation of orders.
  • Party may not make a motion for reconsideration unless based on new facts or law, but court may reconsider previous interim orders on own motion, with notice and reasonable opportunity to litigate.
  • Trial court abused its discretion in granting CCP 1008 reconsideration motion where P did not base motion on new or different facts or explain why it failed to produce evidence earlier.
  • Court may reconsider ruling sua sponte; CCP 1008 restricts only the ability of litigants to bring motions for reconsideration.
  • Motion to reconsider must allege new evidence and explanation for failure to produce such evidence at initial hearing.
  • W's reconsideration motion properly denied where no "new" facts to indicate court should have determined she was also pursuing arrearages for later period.
  • Filing reconsideration motion without showing new or different facts and without providing credible explanation for not having earlier produced the proffered evidence warranting sanctions under CCP 1008.
  • As W showed new or different facts, trial ct. should have reached merits on motion for reconsideration.
  • "New facts" alleged as basis for motion for reconsideration can be facts offered at initial hearing but excluded by court.
  • Subsequent application for same order under Code Civ. Proc. §1008 (b) is subject to different requirements from motion to reconsider filed under Code Civ. Proc. §1008 (a).


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