Court Order Denying CCP 1008 Motion is Not Appealable

Tate vs. Wilburn - Trial court entered an order in 1991 for Hari to pay Cathy $226 per month in child support. Hari never made the payments. In February 2008, Hari brought a motion for order to show cause (OSC) to set aside the 1991 order. The Court denied the motion. In October 2008, Hari brougth motion under Section 1008(b) of the California Code of Civil Procedure to set aside the child support court order. The court also denied this motion. Hari appealed denial of Section 1008(b) motion. Held: trial court's denial of Section 1008(b) motoin is not appealable.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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