What is the test for a motion for reconsideration?

California, United States of America


The following excerpt is from Hetman v. Harm, G044633, Super. Ct. No. 30-2008-00112106 (Cal. App. 2012):

Be that as it may, in this case, the court stated that it was reconsidering the motion sua sponte. At the hearing on the motion for reconsideration, the court stated at the outset: "The motion for reconsideration is granted based on the court's motion sua sponte, as brought to its attention by defendants to reconsider portions of its ruling and order on the motion for summary adjudication." In taking this action, the court expressed its reliance on LeFrancois v. Goel, supra, 35 Cal.4th 1094. It noted that, according to

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LeFrancois, Code of Civil Procedure section 1008 "'limit[s] the parties' ability to file repetitive motions, but [does] not limit the court's ability, on its own motion, to reconsider its prior interim orders so it may correct its own errors.'" (LeFrancois v. Goel, supra, 35 Cal.4th at p. 1107.)

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