Q: Mandatory to set aside judgment for reconsideration hearing?
I am the plaintiff in a civil case in California. The defendant's demurrer was sustained without leave to amend, and the court scheduled a hearing on an order to show cause. I filed a motion for reconsideration of the court order sustaining the demurrer. After filing the motion for reconsideration, the court entered judgment with prejudice and vacated the hearing on the order to show cause. However, the hearing on the motion for reconsideration was not vacated and remains on the court calendar. Is it mandatory to set aside the judgment in order for the court to consider and rule on the motion for reconsideration? Please provide the procedure and relevant rules of court. Additionally, cite any precedents where in a similar situation the motion for reconsideration was heard or not.
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A:
You're in a very technical and time-sensitive part of your case, and it’s important to be clear on how this works. Under California Code of Civil Procedure § 1008, a court has the discretion to hear a motion for reconsideration even after judgment is entered, but it’s not required to do so. However, once a final judgment is entered, the trial court generally loses jurisdiction to change its ruling unless that judgment is first set aside.
Because the court has already entered judgment with prejudice, it technically no longer has authority to reconsider the demurrer ruling unless the judgment is vacated. If the judge chooses to hear the motion anyway, it could still be denied on jurisdictional grounds. You may consider filing a motion to vacate the judgment under CCP § 473(b), which—if granted—would allow the court to fully review and rule on your motion for reconsideration.
In *Safeco Ins. Co. v. Superior Court* (2009) 173 Cal.App.4th 814, the court explained that once judgment is entered, the trial court generally lacks jurisdiction to reconsider prior rulings unless the judgment is first vacated. It’s worth referencing that case or similar ones in your argument if you do decide to move to vacate. Even though your hearing is still on calendar, don’t assume it will be heard unless you take this extra step. It’s frustrating, but clearing that jurisdictional hurdle is usually necessary to keep your motion alive.
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