Can a motion for reconsideration extend the time for filing the notice of appeal from the original ruling?

California, United States of America


The following excerpt is from San Diego Gas & Electric Co. v. 3 Corp., 205 Cal.App.3d 1075, 252 Cal.Rptr. 853 (Cal. App. 1988):

For the purposes of rule 3, a motion for reconsideration has the same effect as a motion for new trial or a motion to vacate, i.e., the timely filing of a motion to reconsider extends the time for filing the notice of appeal from the original ruling until 30 days after entry of the order denying reconsideration. (Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1075, 229 Cal.Rptr. 389.) Here, Owners' January 1986 motion for reconsideration extended the period to file the notice of appeal to 30 days after entry of the order denying reconsideration, i.e., 30 days after June 30, 1986, unless the outside 180-day time limit applies.

An order denying a motion to recover litigation expenses is an appealable order. ( 904.1, subd. (b); City of San Leandro v. Highsmith (1981) 123 Cal.App.3d 146, 152, fn. 3, 176 Cal.Rptr. 412.) Section 906 provides, in part:

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