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New York Times Co. v. Superior Court of Los Angeles County

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eBook details

  • Title: New York Times Co. v. Superior Court of Los Angeles County
  • Author : Colorado Supreme Court
  • Release Date : January 28, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 85 KB

Description

We hold the trial court order granting a motion for reconsideration violated Code of Civil Procedure section 1008, authoritatively construed in Le Francois v. Goel (2005) 35 Cal.4th 1094 (Le Francois), a case decided after the trial court ruling. Section 1008, subdivision (a) requires that a party seeking reconsideration base its motion upon new or different facts, circumstances, or law. The moving party also must provide a satisfactory explanation for the failure to make the showing at or before the time the challenged order was issued. The moving party in this case failed to do either. The trial court may grant reconsideration on its own instance, but that is not what happened in this case.


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