Another important bit of recent legislation that has affected family law in California is AB 1067.  This 2011 bill slightly alters procedural aspects regarding civil law in general.  Specifically, it amends California Code of Civil Procedure §1008 to provide that an order denying a motion for reconsideration is not separately appealable, but if the order that was the subject of the reconsideration motion is appealable, the denial of that motion is reviewable as part of an appeal from that order.

Under the old law, when an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service on the party of written notice of entry of the order and based on new or different facts, circumstances, or law, apply to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order.

Now, under AB 1067, an order denying a motion for reconsideration made pursuant to the above provision is not separately appealable.  However, if the order that was the subject of the motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order.

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