1.MOTION FOR NEW TRIAL
The Plaintiffs, Ramin Mirfakhraie, Shahriar Mirfakhraie, Mojgan Mirfakhraie, and Sepideh Mirfakhraie Motion for a New Trial is Denied.
A party moving for a new trial must file a notice of intent to move for new trial within 15 days of service of notice of entry of judgment. CCP § 659. Notice of Entry of Judgment was served by mail on 2/21/17. Plaintiff’s Notice of Intent to Move For New Trial was filed and served on 3/08/17 and was therefore (exactly) timely having been filed 15 days after the notice was served. Additionally, the motion and supporting evidence must be filed and served within 10 days. The motion was timely filed on 3/17/17.
The requirements and grounds for new trial are entirely statutory. (Rutter, Civ. Trials & Ev., Ch. 18-B at §18:131.) The grounds for such a motion are stated in Code Civ. Proc. § 657, and are as follows:
“1.
Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by
Hearing Date
April 07, 2017
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1.MOTION FOR NEW TRIAL
The Plaintiffs, Ramin Mirfakhraie, Shahriar Mirfakhraie, Mojgan Mirfakhraie, and Sepideh Mirfakhraie Motion for a New Trial is Denied.
A party moving for a new trial must file a notice of intent to move for new trial within 15 days of service of notice of entry of judgment. CCP § 659. Notice of Entry of Judgment was served by mail on 2/21/17. Plaintiff’s Notice of Intent to Move For New Trial was filed and served on 3/08/17 and was therefore (exactly) timely having been filed 15 days after the notice was served. Additionally, the motion and supporting evidence must be filed and served within 10 days. The motion was timely filed on 3/17/17.
The requirements and grounds for new trial are entirely statutory. (Rutter, Civ. Trials & Ev., Ch. 18-B at §18:131.) The grounds for such a motion are stated in Code Civ. Proc. § 657, and are as follows:
“1.
Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by