Q: If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Rehearing
If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Motion for Rehearing, as defined by section 1008?
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A:
In California civil procedure, you have options after a court sustains a demurrer to your complaint.
Yes, you can file a motion for reconsideration under CCP § 1008(a) if you can show new or different facts, circumstances, or law that weren't presented in the original hearing. This motion must be filed within 10 days after service of written notice of the order sustaining the demurrer. The key is demonstrating what new information you're bringing forward that wasn't available or couldn't have been discovered with reasonable diligence before the original hearing.
Additionally, you can request a rehearing under CCP § 1008(b) if you believe the court made an error in its ruling. However, be aware that both motions for reconsideration and rehearing are rarely granted without compelling new information or clear evidence of judicial error. Your best course of action might be to determine if the court granted leave to amend - if so, focusing on filing an amended complaint addressing the deficiencies identified in the demurrer ruling could be more productive than seeking reconsideration.
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