California, United States of America
The following excerpt is from Jara v. Cruikshank, 2d Civil No. B261135 (Cal. App. 2016):
Mother contends that the trial court erroneously granted father's request for reconsideration. We need not and do not consider this issue because the trial court made clear that, regardless of the request for reconsideration, it was exercising its power to reconsider its ruling sua sponte. Code of Civil Procedure section 1008, which authorizes an application for reconsideration, does "not limit the court's ability, on its own motion, to reconsider its prior interim orders so it may correct its own errors." (Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107.) "If a court believes one of its prior interim orders was erroneous, it should be able to correct that error no matter how it came to acquire that belief." (Id., at p. 1108.) "Thus, it is clear that a party's filing of a motion for reconsideration in violation of the reconsideration statutes does not erect a permanent, insurmountable barrier to reconsideration by the trial court on its own motion." (In re Marriage of Barthold (2008) 158 Cal.App.4th 1301, 1309.) "[T]he trial court's inherent authority to correct its errors applies even when the trial court was prompted to reconsider its prior ruling by a motion filed in violation of [Code of Civil Procedure] section 1008." (Id., at pp. 1303-1304.)
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