In Re Marriage of Barthold

I.

INTRODUCTION

The California Supreme Court held, in Le Francois v. Goel (2005) 35 Cal.4th 1094 [ 29 Cal.Rptr.3d 249 , 112 P.3d 636 ] (Le Francois), that even when Code of Civil Procedure section 1008 (section 1008) precludes a party from moving for reconsideration, a trial court has inherent authority to correct an erroneous ruling on its own motion. In this marital dissolution case, the trial judge denied a postjudgment motion filed by the wife. She promptly filed a motion for reconsideration. The trial judge determined that the motion did not in fact meet the requirements of section 1008, but also that his earlier ruling had been erroneous. Accordingly, the judge reversed himself, and granted the relief sought by the wife.

We conclude that the trial court’s inherent authority to correct its errors applies even when the trial court was prompted to reconsider its prior ruling by a motion filed in violation of section 1008. Because that is what occurred in the present case, we affirm the trial court’s order.

II.

FACTS AND PROCEDURAL BACKGROUND

Appellant Aubin Barthold (Aubin) and respondent Catherine Corbin Barthold (Kay) were married in May 1974, and separated in…