Q: Can I include a motion for reconsideration in the appeal record after judgment with prejudice in California?

A: Yes, you can include your motion for reconsideration and your reply to the opposition in the appellate record, even if judgment with prejudice has already been entered. When you file your notice designating the record on appeal, you’re allowed to include any documents that were filed in the trial court before or at the time judgment was entered. Since your motion was filed before the judgment and the hearing is still pending, it becomes part of the procedural history the appellate court can review.

The California Rules of Court, particularly Rule 8.122 and Rule 8.124, allow you to include motions, oppositions, and related filings in either a clerk’s transcript or an appendix. Even if the trial court hasn’t ruled on your motion, the appellate court can still consider the fact that a motion for reconsideration was filed and what arguments or evidence it presented. This can help support your claim that the trial court may have erred in sustaining the demurrer without leave to amend.

Make sure to list the motion, opposition, and your reply in your notice of designation so they’re part of the official record. It’s a smart move to give the appellate court as much context as possible, especially when you’ve raised new facts that weren’t available before. These details might not guarantee reversal, but they’ll help the court understand the full picture of what happened before the judgment.