What is the time limit to refile a request for order after it was denied in California?

Question

This was the ruling in my favor: Petitioner’s request to amend the Petition and to bifurcate is DENIED without prejudice for failure to file a required Memorandum of Points and Authorities.  Petitioner’s request for attorney fees is DENIED, for failure to file a proper Keech declaration setting forth the reasonableness of the amount requested and for failure to file pay stubs with her Income and Expense Declaration as required

James L. Arrasmith · Answer

Based on the information provided, it seems you had a request denied by the court for procedural reasons, such as failing to file required documents like a memorandum of points and authorities, a proper attorney fee declaration, and pay stubs with your income and expense declaration. 
 
The general rule in California is that you can refile or renew a motion that was previously denied on procedural grounds, not on the merits. However, there are some time limitations: 
 
- For family law orders, requests generally need to be refiled within 6 months or before the judgment is final, whichever comes first. 
 
- For other civil matters, there is usually no strict time limit, but refiling should be done within a "reasonable time" which is up to the judge's discretion. Some factors they consider are any time limits set by statute, any delays or justification for delays, and prejudice to the other party. 
 
So in your case, since it seems to be a family law matter, you would likely have up to 6 months after the denial to refile your request, along with all the required documents like points and authorities, fee declarations, pay stubs, etc. I would recommend consulting the applicable state and local court rules to ensure you meet all procedural requirements when refiling. And act sooner rather than later, to show diligence and avoid potential expiration of the 6-month timeline.

Q: What is the time limit to refile a request for order after it was denied in California?