Q: Is my motion for reconsideration moot after judgment in CA?
I filed a motion for reconsideration in a civil case in California after an order was issued sustaining a demurrer without leave to amend. However, a judgment was filed after I submitted my motion, and the hearing on this motion is on the court’s calendar. Does this situation mean that my motion for reconsideration is not moot and that the court's jurisdiction is still intact?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
When a judgment has been entered after you filed your motion for reconsideration, the court no longer has jurisdiction to rule on the motion. In California, motions for reconsideration are tied to interim orders, not final judgments. Once the judgment is filed, the proper procedure is to appeal or, in some cases, file a motion to vacate the judgment under Code of Civil Procedure section 663 or 473.
The hearing on your motion may still appear on the court’s calendar, but the court will likely deem it moot because the entry of judgment supersedes the order you sought to reconsider. At this stage, the focus shifts to post-judgment remedies. If you believe the judgment was issued in error, you may need to challenge it through an appeal or other post-judgment procedures.
You might want to assess whether the underlying issues in your motion for reconsideration can be raised on appeal or whether any procedural errors occurred. Reviewing the timing and grounds for the demurrer and judgment will be important in deciding your next steps.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
