BILL NUMBER: AB 1067	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 18, 2011

   An act to amend Section 1008 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1067, as amended, Huber. Civil procedure: orders.
   Existing law provides that when an application for an order has
been made to a judge, or to a court, and refused in whole or in part,
or granted, or granted conditionally, or on terms, any party
affected by the order may, within 10 days after service upon the
party of written notice of entry of the order and based upon new or
different facts, circumstances, or law, make application to the same
judge or court that made the order, to reconsider the matter and
modify, amend, or revoke the prior order.
   This bill would provide that an order denying a motion  for
reconsideration  made pursuant to the provision described above
is not  separately  appealable. The bill would provide,
however, that  a determination made pursuant to that
provision may be reviewed on appeal from an appealable order that was
the subject of a motion made pursuant to that provision 
 if the order that was the subject of the motion for
reconsideration is appealable, the denial of the motion for
reconsideration is reviewable as part of an appeal from that order
 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1008 of the Code of Civil Procedure is amended
to read:
   1008.  (a) When an application for an order has been made to a
judge, or to a court, and refused in whole or in part, or granted, or
granted conditionally, or on terms, any party affected by the order
may, within 10 days after service upon the party of written notice of
entry of the order and based upon new or different facts,
circumstances, or law, make application to the same judge or court
that made the order, to reconsider the matter and modify, amend, or
revoke the prior order. The party making the application shall state
by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown.
   (b) A party who originally made an application for an order which
was refused in whole or part, or granted conditionally or on terms,
may make a subsequent application for the same order upon new or
different facts, circumstances, or law, in which case it shall be
shown by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown. For a failure
to comply with this subdivision, any order made on a subsequent
application may be revoked or set aside on ex parte motion.
   (c) If a court at any time determines that there has been a change
of law that warrants it to reconsider a prior order it entered, it
may do so on its own motion and enter a different order.
   (d) A violation of this section may be punished as a contempt and
with sanctions as allowed by Section 128.7. In addition, an order
made contrary to this section may be revoked by the judge or
commissioner who made it, or vacated by a judge of the court in which
the action or proceeding is pending.
   (e) This section specifies the court's jurisdiction with regard to
applications for reconsideration of its orders and renewals of
previous motions, and applies to all applications to reconsider any
order of a judge or court, or for the renewal of a previous motion,
whether the order deciding the previous matter or motion is interim
or final. No application to reconsider any order or for the renewal
of a previous motion may be considered by any judge or court unless
made according to this section.
   (f) For the purposes of this section, an alleged new or different
law shall not include a later enacted statute without a retroactive
application. 
   (g) An order denying a motion made pursuant to subdivision (a) is
not appealable. However, a determination made pursuant to subdivision
(a) may be reviewed on appeal from an appealable order that was the
subject of a motion made pursuant to this section.  
   (g) An order denying a motion for reconsideration made pursuant to
subdivision (a) is not separately appealable. However, if the order
that was the subject of a motion for reconsideration is appealable,
the denial of the motion for reconsideration is reviewable as part of
an appeal from that order. 
   (h) This section applies to all applications for interim orders.