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

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

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Attorney answers 3

Posted

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.

Posted

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.

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Nicholas Basil Spirtos

Nicholas Basil Spirtos

Posted

You are right on the page limits. I hate doing tables of content/authorities, which is probably why I have the 10 page rule ingrained in my mind.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

I agree, Nicholas. I don't think I have ever made a table of contents and authorities for a memorandum of P&As. I strive for brevity and, despite the lack of length, I can only recall one instance when I did not prevail on anything other than a discovery motion. It has been my experience that the judge splits the baby when multiple discovery issues are involved.

Posted

Re Motion for Reconsideration: Don't do it.
http://www.avvo.com/legal-guides/ugc/why-you-should-not-file-a--motion-for-reconsideration

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