Does a postjudgment motion for reconsideration need to be treated as a motion for a new trial?

California, United States of America


The following excerpt is from Greene v. Cnty. of Alameda, A155897 (Cal. App. 2019):

While appellate courts have on rare occasions decided to treat postjudgment motions for reconsideration as motions for a new trial, no party has argued we should do so here. Furthermore, the general rule is that appellate courts "should not construe a motion expressly identified as being a particular motion to be an entirely different motion in the appellate court" absent a showing of "extremely good cause." (Passavanti v. Williams (1990) 225 Cal.App.3d 1602, 1608, 1610 [finding extremely good cause due to earlier decisions approving of procedure used by plaintiff].) No such showing of "extremely good cause" has been made here.

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