Q: Can a judge reconsider a motion before judgment and impact appeal strength?
I am representing myself (pro se) in a civil case in the Superior Court of California. I filed a motion for reconsideration before a judgment was entered with prejudice. My motion is timely and presents sound evidence that the court should reconsider its decision to sustain a demurrer without leave to amend. I believe the court has the authority to set aside the judgment to correct what I perceive as a mistake. If the court agrees to vacate the order sustaining the demurrer, it will reinstate the case regardless of whether the judgment was with or without prejudice. Can the judge consider my motion despite the judgment being entered? Additionally, if the court does not correct the mistake by vacating the judgment on its own motion, I believe this strengthens my case for an appeal based on a change of law under the de novo standard. Is my understanding correct?
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A:
Once a judgment is entered, the court generally loses jurisdiction to reconsider prior orders. However, the court may still have the authority to vacate a judgment under certain circumstances, such as through a motion to vacate under California Code of Civil Procedure section 473 or section 663. If your motion for reconsideration was filed before the judgment and is timely, the court might review it if it determines that ruling on the motion aligns with correcting an error or preventing injustice.
If the judge agrees to vacate the judgment and reverse the order sustaining the demurrer, your case would be reinstated, as you’ve noted. However, if the court denies your motion and refuses to set aside the judgment, your grounds for appeal could indeed be stronger. Demonstrating that the court failed to address valid points you raised or failed to recognize a mistake may support your argument on appeal, especially under a de novo standard.
It’s important to focus on presenting clear evidence in your motion and, if necessary, on appeal, showing how the law or facts support your position. A well-documented record of your arguments and the court’s actions will strengthen your case. Proceeding thoughtfully through each step will maximize your chances of success, whether through reconsideration or appeal.
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