What is the CCP statute for a motion for reconsideration?

Asked over 3 years ago - Hayward, CA

Small judgment in civil case. Newly discovered evidence of attorney using client funds for personal lawsuit in civil court. Motion to stay proceedings hearing scheduled. On what grounds can the judgment be set aside that attorney used client funds for personal use to file and prosecute civil case? Attorney represented self during all proceedings. Case was not for legal services. Attorney disciplined for fraud in another state.

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Pursuant to California Code of Civil Procedure section 1008 (a), any party affected by the order has only ten (10) days after service upon the party of written notice of entry of the order to make a motion for reconsideration. You are most likely too late to make such a motion.

    Also, CCP 1008 provides that the motion must be based upon new or different facts, circumstances, or law. Even if you have new or different facts, circumstances or law, you should know that a motion for reconsideration is extremely difficult to win.

  2. Pamela Koslyn

    Contributor Level 20

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    Answered . CCO 1008 (a).

    It's not clear if this is your attorney, or the opppsing party, or the opposing counsel, but regardless, and maybe I'm missing something, but I don't see what the attorney's misconduct has to do with the merits or defenses of your case. Why can't the attorney use fees for whatever purpose they want?

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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