Consitutionally Required Mulligans, for Some

Marshall v. Cnty. of San Diego, No. D063675 (Jul. 22, 2015)

Section 437c(f)(2) of the Code of Civil Procedure says that “a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” Seems pretty clear. If you move and lose, you don’t get to move again, without new evidence or law.