Court May Reconsider Motion Ruling Where the Sole Authority Relied Upon is Depublished

Trial court granted class certification relying on one single case law; shortly thereafter, that case law was depublished. Defendants brought motion for reconsideration of class certification. Held: The Supreme Court’s act of depublishing a case on which a prior court order relied constituted a 'change of law.' Trial court had discredtion to reconsider under Subd. (c) of Section 1008 of CCP, even though the 10-day period had run.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.