What is the difference between a denial of a motion to vacate and a motion for reconsideration?

California, United States of America


The following excerpt is from Liebovich v. Tobin, B292177 (Cal. App. 2019):

5. Although plaintiffs' notice of appeal does not on its face distinguish between the denial of their motion to vacate, the denial of their motion for reconsideration and the denial of their petition to set aside without prejudice, plaintiffs' briefs only attack the denial of the motion to vacate. Accordingly, they have waived any challenges to the other orders. (Telish v. State Personnel Bd. (2015) 234 Cal.App.4th 1479, 1487, fn. 4 ["An appellant's failure to raise an argument in the opening brief waives the issue on appeal."].) Further, their notice of appeal identifies only the July 26, 2018 order as the order appealed from, and that is not the order denying their motion for reconsideration.

6. All further statutory references are to the Probate Code unless otherwise indicated.

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