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Renewal of motion in California under Code of Civil Procedure section 1008(b)

Renewal of a motion in California under Code of Civil Procedure section 1008(b) is the topic of this blog post.   A renewal of a motion has a very distinct advantage over motions for reconsideration as they are not subject to the 10 day statutory time limitation imposed on motions for reconsideration.  However the disadvantage of a renewal of a motion is that they can only by brought by the party who filed the original motion.

A renewal of a motion in California is both authorized and governed by Code of Civil Procedure § 1008(b) which states in pertinent part that “A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”

Note that the party filing the renewal of motion must make a showing of new or different facts, circumstances or law since the date of the original order that the moving party was not aware of and could not have discovered with reasonable diligence. Failure to comply with the statutory provisions may result in denial of the renewal of motion.

Several decisions of the California Courts of Appeal have stated that a decision on a motion is not res judicata, and a trial court has jurisdiction to consider a renewal of a previous motion.

Attorneys or parties in California who would like to view a portion of a sample renewal of motion for California sold by the author that contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail can see below.

 

Attorneys or parties in California that would like to view more information on a California law and motion litigation document package containing over 55 sample documents including a renewal of motion can use the link shown below.

California law and motion litigation document package

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you enjoy this blog post, tell others about it. They can subscribe to the author’s FREE weekly California and Federal legal newsletter and receive 10 FREE gifts by visiting the following link and using the sign-up box provided.  http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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