PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Posthearing Possibilities: SJ Granted
.........Reconsideration
10 Cards On This Topic:
Party applying for reconsideration shall state what new or different facts, circumstances, or law are claimed to be shown.
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.
Trial court had the discretion to treat motion for reconsideration as new trial motion and did not abuse its discretion granting it.
SJ granted because trial ct. correctly applied existing law and opposing party failed to show material issue of fact to be tried.
Motion for reconsideration not proper after entry of judgment.
Ct. within discretion to reconsider SJ grant, although reconsid. motion not based on newly discovered evidence, as decision not final order and no judgment entered.
Motion for reconsideration proper only before entry of judgment.
Untimely reconsideration motion treated as new trial motion.
Because D did not produce new evidence and explain why it could not have been produced earlier, ct. did not abuse discretion in denying reconsideration.
Court need not use extraordinary writ procedure to review interlocutory orders granting or denying reconsideration of a SA order.