In what circumstances will the court grant a motion to reconsider an order granting a defendant's motion to strike a cause of action?

California, United States of America


The following excerpt is from Minnis v. Minnis (In re Paul), D070460 (Cal. App. 2016):

In Young v. Tri-City Healthcare Dist. (2012) 210 Cal.App.4th 35 (Young), the trial court granted the plaintiff's motion to reconsider an order granting the defendant's special motion to strike a cause of action in the plaintiff's complaint, and the defendant then filed its own motion to reconsider the order granting the plaintiff's prior motion for reconsideration. (Id. at p. 40.) While the defendant's motion for reconsideration was pending, the defendant filed a notice of appeal from the same order it was requesting the court to reconsider (i.e., the order granting the plaintiff's motion for reconsideration). (Ibid.) The trial court granted the defendant's motion for reconsideration, after which the defendant abandoned its appeal and the plaintiff appealed the order granting defendant's motion for reconsideration. (Id. at p. 46.)

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