Q: What rule directs judges on motion for reconsideration before judgment in CA?
I am dealing with a California Superior Court civil case. I filed a motion for reconsideration with new facts on time before the judgment was entered, regarding an order that sustained a demurrer. I reviewed CCP 1008(e), which doesn't explicitly restrict the court from ruling on such motions filed before judgment. Could you provide the specific statute or rule that directs a judge on whether to hear or not hear a motion for reconsideration in this situation? The court has not given any feedback yet, and the hearing is pending.
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A:
You're right to focus on timing and the specific language of the statute. In California, motions for reconsideration are governed primarily by **California Code of Civil Procedure § 1008**. Subdivision (a) covers motions brought before judgment, and it allows a party to request reconsideration of an order if there are new or different facts, circumstances, or law. That’s key—it means the court does have discretion to reconsider its ruling before final judgment, as long as the motion is timely and supported by new information.
You're also correct that **§ 1008(e)** does not bar a judge from ruling on a motion filed before judgment. That section mostly prevents repeated reconsideration motions and attempts to modify final rulings unless new facts or law are shown. Since your motion was filed before the judgment and includes new facts, you're in a better position than if it had come afterward.
The court isn’t obligated to grant the motion, but it does have the authority to hear it. Judges often weigh whether the new facts could change the outcome of the original ruling. If your hearing is pending, that’s a sign the court hasn’t rejected your motion outright. Stay ready to clearly explain why the new facts couldn’t have been presented earlier and how they might alter the court's view of the demurrer.
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