Appellate Practice,
Civil Rights
Jul. 28, 2015
One bite of the apple
Are attorneys entitled to a do-over if the court denies their first request for relief from a default? The state high court recently weighed in on the matter.
Alana H. Rotter
Partner
Greines, Martin, Stein & Richland LLP
5900 Wilshire Blvd 12th FL
Los Angeles , CA 90036
Phone: (310) 859-7811
Fax: (310) 276-5261
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
Are attorneys entitled to a do-over if the court denies their first request for relief from a default?
Several Courts of Appeal have suggested that the answer is yes - specifically, that Code of Civil Procedure Section 1008's rule that courts cannot grant a motion for reconsideration unless it is based on "new or different facts, circumstances, or law" does not apply to applications for relief from default under Code of Civil Procedu...For only $95 a month (the price of 2 article purchases)
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