Can a motion for reconsideration be considered frivolous?

If a motion for reconsideration is found to lack evidentiary support or legal merit, sanctions may be imposed against the moving party under Code of Civil Procedure section 128.7. Code of Civil Procedure section 1008, subdivision (d), provides in pertinent part: "A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7. . . ." In addition, a motion for reconsideration justifies sanctions under Code of Civil Procedure section 128.5 if the underlying motion was frivolous in the sense that it was totally devoid of merit, lacking any basis in statutory or case law, or without any necessary evidence to support it. (Karwasky v. Zachay (1983) 146 Cal.App.3d 679, 681.)

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