The motion for new trial, filed by PureFitness Downtown Sports Club, Inc., Michael London, and PureFitness Holding Company, Inc., is denied.
Preliminary Matters
The Court has not considered new evidence that was submitted for the first time in reply. Discussion
A party seeking a new trial must file and serve a timely notice of intention to move for a new trial. Code Civ. Proc., § 659. "A trial court gains jurisdiction to hear such a motion only after a party files a timely notice of intent and judgment has been entered." Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 336; see also In re Marriage of Beilock (1978) 81 Cal.App.3d 713, 721 ("It is well settled that a timely filing of the notice of intention to move for a new trial is jurisdictional, and the time cannot be extended or waived by the parties."). Cross-complainants never filed a notice of intention to move for new trial. Cross-complainants did not even file a notice of motion. They simply filed a memorandum in supp
Hearing Date
March 09, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The motion for new trial, filed by PureFitness Downtown Sports Club, Inc., Michael London, and PureFitness Holding Company, Inc., is denied.
Preliminary Matters
The Court has not considered new evidence that was submitted for the first time in reply. Discussion
A party seeking a new trial must file and serve a timely notice of intention to move for a new trial. Code Civ. Proc., § 659. "A trial court gains jurisdiction to hear such a motion only after a party files a timely notice of intent and judgment has been entered." Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 336; see also In re Marriage of Beilock (1978) 81 Cal.App.3d 713, 721 ("It is well settled that a timely filing of the notice of intention to move for a new trial is jurisdictional, and the time cannot be extended or waived by the parties."). Cross-complainants never filed a notice of intention to move for new trial. Cross-complainants did not even file a notice of motion. They simply filed a memorandum in supp