• California Procedure,  Reconsideration

    I Hate Motions for Reconsideration

    Another good post from Professor Martin yesterday, this time concerning In Re Marriage of Barthold (1st Dist. Jan. 15, 2008).  The court summarizes its holding in the initial paragraphs: The California Supreme Court held, in Le Francois v. Goel (2005) 35 Cal.4th 1094 (Le Francois), that even when Code of Civil Procedure section 1008 (section 1008) precludes a party from moving for reconsideration, a trial court has inherent authority to correct an erroneous ruling on its own motion. In this marital dissolution case, the trial judge denied a post-judgment motion filed by the wife. She promptly filed a motion for reconsideration. The trial judge determined that the motion did not…