Can a motion for reconsideration be reviewed separately from a trial court's order denying the motion?
California, United States of America
The following excerpt is from Griffin v. Cnty. of L. A., B251253 (Cal. App. 2015):
"An order denying a motion for reconsideration made pursuant to [section 1008,] subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order." ( 1008, subd. (g); Tate v. Wilburn (2010) 184 Cal.App.4th 150, 156 (Tate).) Given section 1008, subdivision (g)'s dictate that standing alone, a motion for reconsideration is a nonappealable order, Griffin cannot separately appeal from the trial court's order denying the second application for reconsideration under section 1008, subdivision (a).
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