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.
Sample opposition to motion for reconsideration in California
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