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Any Attorney or Party
Any Street
Any Town, CA 55555

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714-555-5555

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Any Attorney or Party

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Superior Co...
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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on ______________...
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Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless i...
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DISCOVERED SOONER. LIST HERE HOW THE ORDER SHOULD BE MODIFIED,

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AMENDED OR REVOKED SUCH AS DEMURRER OVERRULED, SUSTA...
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Sample California motion for reconsideration under Code of Civi Procedure section 1008(a)

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This sample motion for reconsideration for California is made pursuant to Code of Civil Procedure section 1008(a) on the grounds that the motion for reconsideration should be granted due to new or different facts, circumstances or law discovered since the date of the order for which reconsideration is being requested. The sample on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 235 sample legal documents.

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Sample California motion for reconsideration under Code of Civi Procedure section 1008(a)

  1. 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 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR RECONSIDERATION OF ORDER _________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ________; EXHIBITS DATE: TIME: DEPT: 18 19 20 To subscribe to my FREE California weekly legal newsletter visit 21 22 23 24 25 26 27 28 http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx - 1 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION
  2. 2. 1 2 3 4 5 6 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _______________ at _________M., or as soon after that as the matter can be heard, Department ________ of the above-entitled court located at ______________________________, __________ will and does move this Court pursuant to Code 7 of Civil Procedure § 1008(a) for reconsideration of the order dated ________ in which the Court 8 LIST THE ORDER YOU WANT THE COURT TO RECONSIDER. THE ORDER SHOULD 9 10 11 12 13 14 15 16 BE MODIFIED, AMENDED OR REVOKED on the following grounds: 1. New or different facts or circumstances have been discovered since the date of the order in that LIST THE NEW OR DIFFERENT FACTS OR CIRCUMSTANCES AND WHY THEY WERE NOT DISCOVERED BEFORE. 2. New or different law since the date of the order in that LIST HERE THE NEW OR DIFFERENT LAW SUCH AS A RECENT REVISION TO A CODE OR STATUTE, OR A RECENT PUBLISHED CALIFORNIA COURT OF APPEAL OR SUPREME COURT CASE. 17 18 _____________ requests that this Court modify the prior order as to LIST HERE HOW 19 THE ORDER SHOULD BE MODIFIED, AMENDED OR REVOKED SUCH AS 20 DEMURRER OVERRULED, SUSTAINED, ETC. 21 22 The motion will be based on this notice of motion and the memorandum of points and authorities served and filed herewith, on the declaration of __________ and Exhibits attached thereto, 23 24 25 on the papers and records on file herein, and on such oral and documentary evidence as may be presented at the hearing of the motion 26 27 28 - 2 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION
  3. 3. 1 Be sure to modify these paragraphs to suit your individual 2 3 4 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. 5 6 7 8 9 10 11 12 Note that you MUST file and serve on all adverse parties this notice of motion and memorandum of points and authorities within 10 days of the date of service on you of written notice of entry of the order such as a notice of ruling, etc. by the clerk of the court, or service upon you by any party. 13 14 15 Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY 16 17 MEMORANDUM OF POINTS AND AUTHORITIES 18 I. 19 INTRODUCTION 20 21 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF ORDER, ETC. 22 23 _____________ contends that LIST HERE THE SPECIFIC REASONS WHY THE 24 COURT SHOULD GRANT RECONSIDERATION OF THE ORDER AND DESCRIBE IN 25 DETAILT THE NEW OR DIFFERENT FACTS OR CIRCUMSTANCES OR LAW THAT 26 HAS BEEN DISCOVERED SINCE THE DATE OF THE ORDER AND WHY IT WAS NOT 27 28 - 3 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION
  4. 4. 1 DISCOVERED SOONER. LIST HERE HOW THE ORDER SHOULD BE MODIFIED, 2 AMENDED OR REVOKED SUCH AS DEMURRER OVERRULED, SUSTAINED, ETC. 3 Be sure to modify these paragraphs to suit your individual 4 5 6 7 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. 8 II. 9 10 11 12 13 LEGAL ARGUMENT A. THIS COURT HAS THE STATUTORY POWER TO RECONSIDER A PRIOR ORDER AND MODIFY, AMEND OR REVOKE THE ORDER Code of Civil Procedure § 1008(a) states that “When an application for an order has been 14 made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or 15 on terms, any party affected by the order may, within 10 days after service upon the party of written 16 notice of entry of the order and based upon new or different facts, circumstances, or law, make 17 18 application to the same judge or court that made the order, to reconsider the matter and modify, 19 amend, or revoke the prior order. The party making the application shall state by affidavit what 20 application was made before, when and to what judge, what order or decisions were made, and what 21 new or different facts, circumstances, or law are claimed to be shown.” 22 23 24 To view the sample document on which this preview is based visit: http://www.scribd.com/doc/179307571/Sample-California-motion-for- 25 26 reconsideration-doc 27 28 - 4 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION

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