Does the motion for reconsideration need to be treated as a motion for relief based on attorney mistake?

California, United States of America


The following excerpt is from Segal v. Shovlin, E062581 (Cal. App. 2016):

Segal argues that the trial court should have treated the motion as if it were a motion for relief based on attorney mistake under Code of Civil Procedure section 473. Arguably, the trial court had discretion to treat the motion for reconsideration as some other kind of motion. (See Passavanti v. Williams (1990) 225 Cal.App.3d 1602, 1608.) However, Segal does not cite any authority for the proposition that it was required to do so. It was not. (See id. at p. 1609 [when trial court did not ignore "the label" of a motion, appellate court should not do so either].)

We therefore conclude that the trial court also properly denied the motion for reconsideration.

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