Francois

Le Francois v. Goel

Bad Law
29 Cal. Rptr. 3d 249·35 Cal. 4th 1094·112 P.3d 636
Supreme Court of CaliforniaJune 10, 2005S126630California13,389 words

Opinion

lead Opinion

Chin, J.

this lawsuit, defendants moved for summary judgment. The trial court denied the motion. More than a year later, some of the defendants again moved for summary judgment on the same grounds. The court granted the second motion. We must decide whether the court had authority to consider the new motion even though it was not based on either new facts or new law. Code of Civil Procedure sections 437c, subdivision (f)(2), and 1008 seemingly prohibit a party from making such a new motion. 1 The Court of Appeal held that the trial court had inherent power derived from the California Constitution to consider the second motion notwithstanding any statutory limitation.

We conclude that sections 437c, subdivision (f)(2), and 1008 prohibit a party from making renewed motions not based on new facts or law, but do *1097 not limit a court’s ability to reconsider its previous interim orders on its own motion, as long as it gives the parties notice that it may do so and a reasonable opportunity to litigate the question. So interpreted, the statutes are constitutional.

I. Facts and Procedural History

Plaintiffs Philip Le Francois and Eric Herald sued their former employer, Duet…

035concurrenceinpart Opinion

Kennard, J.

Concurring and Dissenting.—I agree with the majority’s holding that Code of Civil Procedure sections 437c, subdivision (f)(2), and 1008 prohibit only a party from renewing a motion or moving for reconsideration without new facts or law, and that these provisions do not limit a court’s ability to reconsider and correct error in a prior interim order. I also agree generally with the majority’s analysis in support of that holding.

But I do not agree with the majority’s disposition reversing the Court of Appeal’s judgment, which in turn had affirmed the trial court’s summary judgment. As the majority holds, a trial court may properly reconsider an earlier ruling denying summary judgment and make a new ruling granting summary judgment. Although the trial court here erred insofar as it purported to act on a party’s motion rather than on its own motion, this procedural error does not affect the judgment’s validity. A legally correct ruling will not be reversed on appeal merely because the trial court erred in its reasoning *1110 (People v. Smithey (1999) 20 Cal.4th 936, 972 [ 86 Cal.Rptr.2d 243 , 978 P.2d 1171 ]; D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 19 [ 112…

Opinion

In this lawsuit, defendants moved for summary judgment. The trial court denied the motion. More than a year later, some of the defendants again moved for summary judgment on the same grounds. The court granted the second motion. We must decide whether the court had authority to consider the new motion even though it was not based on either new facts or new law. Code of Civil Procedure sections 437c, subdivision (f)(2), and 1008 seemingly prohibit a party from making such a new motion. [1] The Court of Appeal held that the trial court had inherent power derived from the California Constitution to consider the second motion notwithstanding any statutory limitation.

We conclude that sections 437c, subdivision (f)(2), and 1008 prohibit a party from making renewed motions not based on new facts or law, but do not limit a court's ability to reconsider its previous interim orders on its own motion, as long as it gives the parties notice that it may do so and a reasonable opportunity to litigate the question. So interpreted, the statutes are constitutional.

Plaintiffs Philip Le Francois and Eric Herald sued their former employer, Duet Technologies, Inc., and three officers of…

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