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Sample opposition to motion for reconsideration in California

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Sample opposition to motion for reconsideration in California

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This sample motion for reconsideration in California is made on the grounds that the motion does not comply with Code of Civil Procedure section 1008(a) as it is not timely and no new or different......

This sample motion for reconsideration in California is made on the grounds that the motion does not comply with Code of Civil Procedure section 1008(a) as it is not timely and no new or different facts, circumstances or law are provided that would support granting reconsideration. The sample on which this preview is based includes brief instructions, a memorandum of points and authorities with citations to case law and statutory, sample declaration and proof of service by mail.

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  • 1. 2 Any Attorney or Party Any Street Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 1 5 6 7 8 Superior Court of the State of California 9 For the County of _________________ 10 11 Any Plaintiff, 12 13 14 15 Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No. OPPOSITION TO MOTION FOR RECONSIDERATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF _________; EXHIBITS 17 18 To subscribe to my FREE California weekly legal newsletter visit 19 20 21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before 22 23 24 25 26 using this document. To view sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx 27 28 - 1 OPPOSITION TO MOTION FOR RECONSIDERATION
  • 2. 1 2 3 4 5 6 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: ______________, herein submits its opposition to the motion for reconsideration filed by _____ on the grounds that the motion is without merit as it is not timely filed, and ______ has provided no new or different facts, circumstances or law that would support granting a motion for 7 reconsideration nor have they provided an adequate explanation for failing to provide the new or 8 different facts, circumstances or law earlier. 9 10 11 12 13 14 The Opposition shall be based on this opposition, the attached Memorandum of Points and Authorities, the declaration of _____________ and Exhibits attached thereto, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. Be sure to modify these paragraphs to suit your individual 15 16 17 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. 18 19 20 Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY 21 22 23 24 25 26 27 28 - 2 OPPOSITION TO MOTION FOR RECONSIDERATION
  • 3. 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 INTRODUCTION 4 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH 5 6 AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF ORDER. 7 _____________ contends that this court should reconsider its order of _____ in which this 8 court STATE NATURE OF ORDER SUCH AS DEMURRER OVERRULED, SUSTAINED, 9 10 11 ETC. on the grounds of BRIEFLY LIST WHAT GROUNDS THE OPPOSING PARTY HAS CHOSEN SUCH AS NEW OR DIFFERENT FACTS, CIRCUMSTANCES OR LAW. __________ opposes the motion on the grounds that the motion is without merit as it is not 12 13 timely filed, and ______ has provided no new or different facts, circumstances or law that would 14 support granting a motion for reconsideration. 15 16 LIST HERE THE SPECIFIC DETAILS SUPPORTING YOUR OPPOSITION TO THE MOTION FOR RECONSIDERATION AND CITE TO THE MINUTES OF THE 17 18 19 COURT, TRANSCRIPT, DECLARATION, ETC. THAT SUPPORT YOUR CONTENTION. If any documents support your contentions be sure to attach them as Exhibit “1”, and so on. Be sure to modify these paragraphs to suit your individual 20 21 22 23 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. 24 25 /// 26 /// 27 /// 28 - 3 OPPOSITION TO MOTION FOR RECONSIDERATION
  • 4. 1 II. 2 LEGAL ARGUMENT 3 4 5 6 7 8 9 10 11 12 A. THE MOTION FOR RECONSIDERATION MUST BE DENIED AS IT WAS NOT TIMELY FILED AS THE TIME LIMITATION SPECIFIED IN CODE OF CIVIL PROCEDURE § 1008(a) IS JURISDICTIONAL. _______________ contends that this court should deny the motion for reconsideration as it was not timely filed. ______ was served with written notice of entry of the order on ____________. See the declaration of _____ and Exhibit “_” attached thereto concurrently filed and served and incorporated herein by reference. The motion was reconsideration was not filed and served until ______________________. As that date is more than 10 days after service of written notice of entry 13 of the order the motion must be denied as ______ has failed to comply with the 10 day time 14 limitation specified in Code of Civil Procedure § 1008(a) which states that “When an application for 15 an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or 16 granted conditionally, or on terms, any party affected by the order may, within 10 days after service 17 18 upon the party of written notice of entry of the order and based upon new or different facts, 19 circumstances, or law, make application to the same judge or court that made the order, to reconsider 20 the matter and modify, amend, or revoke the prior order. The party making the application shall state 21 by affidavit what application was made before, when and to what judge, what order or decisions were 22 made, and what new or different facts, circumstances, or law are claimed to be shown.” 23 24 25 To view the sample document on which this preview is based visit: http://www.scribd.com/doc/180715995/Sample-opposition-to-motion- 26 27 for-reconsideration-in-California-doc 28 - 4 OPPOSITION TO MOTION FOR RECONSIDERATION