How have courts dealt with a motion for reconsideration under section 1008 of the Government Claims Act?

California, United States of America


The following excerpt is from Ron Burns Const. Co., Inc. v. Moore, 109 Cal.Rptr.3d 417, 184 Cal.App.4th 1406 (Cal. App. 2010):

In Gilberd, the lower court granted the plaintiff's petition for relief from the claim-filing requirements of the Government Claims Act. The defendant then filed a motion for reconsideration under section 1008. The motion also sought, in the alternative, relief under section 473, on the ground that the defendant's counsel's failure to request a hearing after the trial court had already issued a tentative ruling in favor of the plaintiff constituted an excusable mistake. The trial court granted reconsideration, denied the plaintiff's petition, and sustained a demurrer to the complaint, without leave to amend. ( Gilberd v. AC Transit, supra, 32 Cal.App.4th at p. 1498, 38 Cal.Rptr.2d 626)

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