Error by Superior Court. I believe that the same judge is highly unlikely to agree that he erred in deciding my case.
I would like to file a motion for reconsideration by that court
Do I have to await the outcome of that same trial court decision on my request for reconsideration, before I file a writ of mandate to the Appellate higher Court
You should file the motion for reconsideration first and get a ruling, then assuming the judge still rules against you bring the petition for writ of mandate. Writs may be used to obtain appellate review of a lower court ruling in certain situations, but not others. If a judgment is entered against you, the appropriate mean of obtaining appellate review is to file a notice of appeal.
A motion for reconsideration has very strict requirements and is never a condition for seeking other relief. A petition for a writ of mandate also has very strict and limited application, and would not be affected if the request for reconsideration is pending or denied.
A motion for reconsideration requires something new that was not considered at the prior hearing. Either a recent case on the subject issue or new facts that were not known. If the issue is prejudicial error the remedy is an appeal. As always, contact a competent litigation attorney before taking any action on the legal matters discussed above.
Thomas F. Nowland, Esq.
Nowland Stone LLP
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