In Los Angeles Superior Court, the Court sustained defendant's demurrer to my entire complaint without leave to amend.

Asked 11 months ago - Los Angeles, CA

The Court ordered the defendants to give notice and to prepare an order and a judgment. I would like to file a motion for reconsideration. I understand that I have 10 days to file the motion yet, I am uncertain if the 10 days begin once I receive the Notice of the Court's ruling or once I receive the Court's SIGNED Order. Also, what is the page limitation for a motion for reconsideration?
Thank you so much

Attorney answers (3)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . I agree with Mr. Spirtos except it is my understanding that the page limitation is 15 pages. Memorandums that exceed 10 pages must contain a table of contents and authorities. See CRC 3.1113. BTW, unless you have new law or facts, that was not available when your opposition was filed, your motion for reconsideration is not well taken.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

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    Answered . Motions for reconsideration are covered under section 1008 of the Code of Civil Procedure.
    The time for filing is within 10 days after service upon the party of written notice of entry of the order.
    The page limitation is the same as for other motions and is contained in the CCP & rules of court.
    (I believe it is 8 pages - maybe 10, but you will have to check that yourself.)
    From a practical standpoint, judges prefer motions to be brief.

  3. Christine C McCall

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Re Motion for Reconsideration: Don't do it.
    http://www.avvo.com/legal-guides/ugc/why-you-sh...

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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