Every litigator has lost a motion he believes he should have won and has wanted another chance to persuade the judge to decide in his favor. To limit second bites at the apple, and to preserve precious judicial resources, the California Legislature and courts have greatly limited reconsideration motions and, to a lesser degree, renewal motions.
An experienced litigator should know the differences between motions for reconsideration and renewal. Code of Civil Procedure § 1008 governs both motions. Although both motions seek to have the court make a different ruling on a prior motion, they serve different purposes. A motion for reconsideration is used to ask the court to modify, amend, or revoke an order because of new or different facts, circumstances, or law.
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