PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Posthearing Possibilities: SJ Denied
.........Reconsideration/Renewed SJ Mtn
 16 Cards On This Topic:
  • Party applying for reconsideration shall state what new or different facts, circumstances, or law are claimed to be shown.
  • Trial court improperly considered Ds' renewed SJ motion as motion barred by CCP 437c (f)(2) for lack of newly discovered facts or circumstances or change in law.
  • 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.
  • Neither Barthold nor Le Francois limits trial court's authority to permit a party to file a successive motion for SJ and/or SA supported by evidence not presented in connection with a prior motion.
  • P's motion for reconsideration to admit doctor's supplemental declarations and her declaration properly denied where info was known at time SJ motion filed and the testimony did not constitute "new or different facts."
  • Trial court improperly considered Ds' renewed SJ motion as motion barred by CCP 437c (f)(2) for lack of newly discovered facts or circumstances or change in law.
  • Motion for reconsideration does not extend jurisdictional time for writ petition when trial court has denied summary judgment motion.
  • Court exceeded its jurisdiction by hearing D's 2d motion for SJ, as it violated exclusive and controlling procedural prerequisites set by CCP 1008 for reconsideration or renewal of previously denied motion.
  • 2d SJ motion before different judge prohibited by Code Civ. Proc. §437c (f)(2) where not based on new facts or new law.
  • Code Civ. Proc. §1008 not basis to reconsider SJ grant where matters P raised in reconsid. motion consisted of information always in his possession and no satisfactory explanation for bringing it out previously.
  • With interim order, no mandatory requirement to show "alleged different state of facts" in order to proceed with reconsideration request.
  • If SJ denied, not necessary to seek renewal of motion within 10-day time period set forth in Code Civ. Proc. §1008 (a).
  • Grant of D’s motion for SJ and denial of P’s cross motion for same were nonappealable.
  • Summary denial of writ petition challenging summary judgment denial not entitled to law of the case treatment.
  • Because D did not produce new evidence and explain why it could not have been produced earlier, ct. did not abuse discretion in denying reconsideration.
  • Reconsideration mandated where ct. failed to satisfy Code Civ. Proc. §437c and specify 1 or more material facts as to which there existed material, triable controversy.


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