What is the test for denying defendant's motions on a post-judgment motion?

California, United States of America


The following excerpt is from People v. Seehausen, B257858 (Cal. App. 2015):

We conclude the trial court properly denied defendant's motions below. "'[T]here is no statutory authority for a trial court to entertain a postjudgment motion that is unrelated to any proceeding then pending before the court. [Citation.] Indeed, a motion is not an independent remedy. It is ancillary to an ongoing action and "'implies the pendency of a suit between the parties and is confined to incidental matters in the progress of the cause. As the rule is sometimes expressed, a motion relates to some question collateral to the main object of the action and is connected with, and dependent on, the principal remedy."' [Citation.] In most cases, after the judgment has become final, there is nothing pending to which a motion may attach.' [Citation.]" (People v. Picklesimer (2010) 48 Cal.4th 330, 337.)

Other Questions


Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can a motion to reconsider a motion denying a defendant's motion to modify a $100,000 restitution fine be reconsidered? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
What is the test for a motion denying an order denying a section 1016.5 motion for an abuse of discretion? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.