Sample motion for reconsideration divorce

#SAMPLE MOTION FOR RECONSIDERATION DIVORCE CODE#
#SAMPLE MOTION FOR RECONSIDERATION DIVORCE TRIAL#

Kalivas's counsel left a message that he was calling regarding the summary judgment motion, but received no further communication from Barry's counsel. The following week Kalivas's counsel returned the call and was informed that Barry's counsel was on vacation. No meet and confer was ever scheduled.' Counsel declared that on August 27, Barry's counsel left a telephone message requesting a 'meet and confer' regarding the summary judgment motion. Counsel further declared he did not appear on September 10, the date originally scheduled for a hearing on the summary judgment motion, because the 'Court had ordered defendant's motion off calendar pending a meet and confer. Kalivas's counsel declared he did not prepare and file an opposition because before such opposition was due, the court ordered the matter off calendar and ordered the parties to prepare a joint statement of disputed and undisputed issues. Barry's counsel made no effort to arrange a 'meet and confer' within 10 days. 1Д¬ounsel's declaration further stated that on the basis of the court's 'Order Re Opposed Motion for Summary Adjudication,' he prepared for a meeting with counsel for Barry. The Court Clerk handed two copies of said Order' fn.

'I'll save you a trip back down here' and issued and provided to counsel for both parties its standard Order Re Opposed Motion for Summary Adjudication. According to the declaration filed by Kalivas's counsel, 'The Court then stated. What happened next is subject to conflicting accounts presented by the parties in Kalivas's subsequent reconsideration motion. The court then asked Kalivas's counsel if he would be opposing the motion, and he said yes. On August 6, after a discovery hearing, Barry's counsel informed the court of the summary judgment motion and handed a copy of the motion to Kalivas's counsel. A hearing on the motion was calendared for September 10.

#SAMPLE MOTION FOR RECONSIDERATION DIVORCE TRIAL#

The trial court denied Kalivas's subsequent motion for reconsideration.Д«arry filed its motion for summary judgment on July 28, 1993.

#SAMPLE MOTION FOR RECONSIDERATION DIVORCE CODE#

Barry cross-appeals from an order denying its motion for an award of attorney fees under Government Code section 12965, subdivision (b). Code, В§В§ 12940, 12945), wrongful termination in violation of public policy, and breach of the covenant of good faith and fair dealing, and from an order after judgment awarding costs to Barry. Д®lene Kalivas appeals from the summary judgment entered against her and in favor of defendant Barry Controls Corporation (Barry) in Kalivas's action for gender discrimination and discrimination on account of pregnancy in violation of the California Fair Employment and Housing Act (Gov. We find counsel's procedural omissions were excusable and resulted from an impermissible courtroom local rule. The trial court granted summary judgment, in part, based on these omissions, and denied a motion for reconsideration. Counsel, therefore, filed no opposition or separate statement, and did not appear at the hearing on the motion. This courtroom local rule, however, conflicted with the Code of Civil Procedure and the Government Code, was procedurally confusing, and led appellant's counsel to believe the court had taken a summary judgment motion off calendar. In this case, the trial judge promulgated a 'courtroom local rule' that applied solely to cases in that judge's courtroom. (Superior Court of Los Angeles County, No. BARRY CONTROLS CORPORATION, Defendant and Appellant.

ELENE KALIVAS, Plaintiff and Appellant, v.

Sample motion for reconsideration divorce