Motion for New trial
The Court has received the additional submission(s). The Court has taken note of the records of the case and relied on its recollection of the trial.
A motion made on the particular grounds involved here, is supposed to be made on the minutes of the court (see CCP § 658, 657(5),(6)). This includes the minutes of trial, the depositions and documentary evidence offered at the trial, the reporter proceedings, or the proceedings in the recollection of the judge as well as the pleadings and orders in the court record. (CCP §660; Lauren H. v. Kannappan (2002) 96 Cal.App.4th 834, 839 n.4.) Here, the moving papers did not tender the supporting material and allow the opponents to receive and respond to the same, rather the supporting evidence surfaces in the reply. This is untimely.
(Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Additional briefing permitted and filed.
The Court was not persuaded by the Plaintiff’s submission regardless, that a new trial is warra
Hearing Date
February 08, 2019
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Motion for New trial
The Court has received the additional submission(s). The Court has taken note of the records of the case and relied on its recollection of the trial.
A motion made on the particular grounds involved here, is supposed to be made on the minutes of the court (see CCP § 658, 657(5),(6)). This includes the minutes of trial, the depositions and documentary evidence offered at the trial, the reporter proceedings, or the proceedings in the recollection of the judge as well as the pleadings and orders in the court record. (CCP §660; Lauren H. v. Kannappan (2002) 96 Cal.App.4th 834, 839 n.4.) Here, the moving papers did not tender the supporting material and allow the opponents to receive and respond to the same, rather the supporting evidence surfaces in the reply. This is untimely.
(Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Additional briefing permitted and filed.
The Court was not persuaded by the Plaintiff’s submission regardless, that a new trial is warra