CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Reconsideration
............Nonstatutory
9 Cards On This Topic:

Summary of Law: Nonstatutory motion to reconsider.

Party may not make a motion for reconsideration unless based on new facts or law, but court may reconsider previous interim orders on own motion, with notice and reasonable opportunity to litigate.

Trial ct. could not consider renewed motion for default relief under CCP 473 where Ds submitted a more detailed atty affidavit of fault but failed to comply with CCP 1008's foundational requirements; sections not in conflict.

Trial court has no power to sua sponte reconsider a previous order based on new evidence–doing so amounts to an improper granting of a new trial.

A trial ct. has inherent authority to reconsider and retroactively modify final temporary support orders sua sponte, regardless of how it became aware of the error, so long as the modification is based on the original evidence.

There is no requirement for the trial ct. to file a motion prior to sua sponte reconsidering an order.

Reexamination of all factual issues is not reconsideration, but a new trial—as H's motion untimely and court had no authority to order new trial, "reconsideration" order reversed.

So long as it relies only on evidence contained in the original motion, trial court’s inherent authority to correct its errors applies even when it was prompted to reconsider its prior ruling by a motion filed in violation of CCP 1008.

Court may reconsider ruling sua sponte; CCP 1008 restricts only the ability of litigants to bring motions for reconsideration.