Defendants’ motion for relief under CCP § 473 and/or CCP § 662. Motion denied.
Plaintiff’s Request for Judicial Notice is GRANTED. Judicial notice is limited to the existence of, filing of, and legal effect of the pleadings, but not as to the truth of any disputed factual matter therein.
The court rules as follows on plaintiff’s objections to evidence:
Declaration of Kim O’Kain.
1-4 Overruled 5. Sustained, lack of foundation 6-10 Overruled 11. Sustained, hearsay.
Declaration of Tony O’Kain.
1-4 Overruled 5. Sustained, lack of foundation 6-9 Overruled. 10. Sustained, hearsay. 11. Overruled.
The Defendants’ motion seeks to set aside the judgment in this action and conduct a new trial. The court construes this motion as one seeking a new trial. A motion for new trial may be made under the provisions of Code Civ. Proc., §§ 656 to 663.2 and 914 in any California superior court. (Code Civ. Proc., § 655). A new trial is a re-examination of an issue of fact in the same court after a trial and
Hearing Date
July 10, 2020
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Defendants’ motion for relief under CCP § 473 and/or CCP § 662. Motion denied.
Plaintiff’s Request for Judicial Notice is GRANTED. Judicial notice is limited to the existence of, filing of, and legal effect of the pleadings, but not as to the truth of any disputed factual matter therein.
The court rules as follows on plaintiff’s objections to evidence:
Declaration of Kim O’Kain.
1-4 Overruled 5. Sustained, lack of foundation 6-10 Overruled 11. Sustained, hearsay.
Declaration of Tony O’Kain.
1-4 Overruled 5. Sustained, lack of foundation 6-9 Overruled. 10. Sustained, hearsay. 11. Overruled.
The Defendants’ motion seeks to set aside the judgment in this action and conduct a new trial. The court construes this motion as one seeking a new trial. A motion for new trial may be made under the provisions of Code Civ. Proc., §§ 656 to 663.2 and 914 in any California superior court. (Code Civ. Proc., § 655). A new trial is a re-examination of an issue of fact in the same court after a trial and