PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......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.