This sample renewed motion for California is made pursuant to Code of Civil Procedure section 1008(b) on the grounds that the renewed motion 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. A renewed motion is NOT subject to any statutory time limitation. The sample on which this preview is based is 10 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.

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
Plaintiff,
vs.
Any Defendant, and DOES 1-5
15
Defendants.
16
17
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
NOTICE OF MOTION AND MOTION FOR
RENEWAL OF MOTION TO/FOR ___________;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF ________;
EXHIBITS
DATE:
TIME:
DEPT:
18
19
20
21
22
To subscribe to my FREE California weekly legal newsletter visit
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
23
24
25
26
27
28
address.
To view sample document packages for sale by LegalDocsPro visit
http://www.legaldocspro.com/downloads.aspx
TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
- 1 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________

2. 1
2
3
4
5
6
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
of Civil Procedure § 1008(b) for renewal of the motion TO/FOR _____________________
filed on LIST DATE OF ORIGINAL MOTION on the grounds that a renewed motion based on
7
new or different facts, circumstances or law is authorized by statute and the new facts set forth in the
8
declaration of __________ and Exhibits attached thereto show that the original motion to/for LIST
9
10
11
12
13
14
15
16
TYPE OF MOTION SUCH AS MOTION FOR SUMMARY JUDGMENT, ETC. should be
granted on the grounds that LIST HERE THE GROUNDS SUCH AS THERE IS NO MERIT TO
THE ACTION FOR THE REASON THAT IT IS BARRED BY THE STATUTE OF
LIMITATIONS, ETC.
USE EXAMPLE #1 BELOW IF YOU CLAIM NEW OR DIFFERENT FACTS OR
CIRCUMSTANCES.
1.
New or different facts or circumstances have been discovered in that LIST THE
17
18
19
NEW OR DIFFERENT FACTS OR CIRCUMSTANCES AND WHY THEY WERE NOT
DISCOVERED BEFORE.
20
USE EXAMPLE #2 BELOW IF YOU CLAIM NEW OR DIFFERENT LAW SUCH AS
21
A REVISED STATUTE OR RECENT PUBLISHED CALIFORNIA COURT OF APPEAL OR
22
SUPREME COURT CASE.
23
24
25
2.
New or different law since the date of the order in that LIST HERE THE NEW OR
26
DIFFERENT LAW SUCH AS A RECENT REVISION TO A CODE OR STATUTE, OR A
27
RECENT PUBLISHED CALIFORNIA COURT OF APPEAL OR SUPREME COURT CASE.
28
- 2 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________

3. 1
The motion will be based on this notice of motion and the memorandum of points and
2
authorities served and filed herewith, on the declaration of __________ and Exhibits attached thereto,
3
4
5
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
Be sure to modify these paragraphs to suit your individual
6
7
8
9
10
11
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
Dated________________
_______________________________________________
ANY ATTORNEY OR PARTY
12
13
14
MEMORANDUM OF POINTS AND AUTHORITIES
15
I.
16
INTRODUCTION
17
DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
18
19
AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF ORDER, JUDGE,
20
ETC.
21
22
_____________ contends that LIST HERE THE SPECIFIC REASONS WHY THE
MOTION TO/FOR __________________ SHOULD BE RENEWED AND DESCRIBE IN
23
24
DETAILT THE NEW OR DIFFERENT FACTS OR CIRCUMSTANCES OR LAW THAT
25
HAS BEEN DISCOVERED SINCE THE DATE OF THE HEARING ON THE ORIGINAL
26
MOTION AND WHY IT WAS NOT DISCOVERED SOONER.
27
28
- 3 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________

4. Be sure to modify these paragraphs to suit your individual
1
2
3
4
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
5
II.
6
LEGAL ARGUMENT
7
8
9
10
11
12
A.
THIS COURT HAS THE STATUTORY POWER TO CONSIDER THIS RENEWED
MOTION WHICH IS AUTHORIZED BY CODE OF CIVIL PROCEDURE § 1008(b)
Code of Civil Procedure § 1008(b) states in pertinent part that “A party who originally made
an application for an order which was refused in whole or part, or granted conditionally or on terms,
13
may make a subsequent application for the same order upon new or different facts, circumstances, or
14
law, in which case it shall be shown by affidavit what application was made before, when and to what
15
judge, what order or decisions were made, and what new or different facts, circumstances, or law are
16
claimed to be shown.”
17
18
Renewed motions are authorized by and governed by Code of Civil Procedure § 1008(b).
19
Stephen v. Enterprise Rent-A-Car (1991) 235 Cal. App. 3d 806, 816; see also Graham v. Hansen
20
(1982) 128 Cal. App. 3d 965, 970-971 (prior law).
21
To view the sample document on which this preview is based visit:
22
23
24
25
http://www.scribd.com/doc/179314455/Sample-California-renewal-ofmotion-doc
26
27
28
- 4 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________