Can a motion for reconsideration include any causes of action?

California, United States of America


The following excerpt is from Careau & Co. v. Security Pacific Business Credit, Inc., 222 Cal.App.3d 1371, 272 Cal.Rptr. 387 (Cal. App. 1990):

Under Rains v. Superior Court (1984) 150 Cal.App.3d 933, 943-944, 198 Cal.Rptr. 249, plaintiffs were entitled to submit proposed second amended complaints by way of a motion for reconsideration. If those second amended complaints stated any causes of action, then the trial court was obligated to (1) vacate its order which sustained the demurrers without leave to amend and (2) make a different order granting plaintiffs leave to file an amended complaint which would include the causes of action which the trial court, in deciding the merits of the motion for reconsideration, determined were valid. (Id., at p. 945, 198 Cal.Rptr. 249.)

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