How can a court modify or set aside a previous order on its own motion?
California, United States of America
The following excerpt is from Marilyn H., In re, 15 Cal.App.4th 404, 4 Cal.Rptr.2d 79 (Cal. App. 1992):
Contrary to appellant's argument, section 385 does not give the court discretion to modify or set aside any previous court order on its own motion. [15 Cal.App.4th 419] That section must be read in conjunction with section 388, 4 which sets forth the necessary procedural requirements. (Ansley v. Superior Court (1986) 185 Cal.App.3d 477, 485, 229 Cal.Rptr. 771.)
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