On December 2, 2016, this Court granted Defendant Midway Venture LLC d/b/a Pacers' ("Midway") motion for summary judgment. Plaintiff now challenges that ruling by way of a motion for new trial. Specifically, Plaintiff argues that a motion for new trial should be granted due to (1) newly discovered evidence (CCP Sec. 657(4)); (2) irregularity in the proceedings (Sec. 657(1)); and (3) accident or surprise (Sec. 657(3)).
In support of the motion, Plaintiff contended that (1) Midway concealed documents and the identity of an "important witness"; (2) contrary to this Court's ruling on summary judgment finding no agency relationship with J Dog, that J Dog has "admitted" he was in an agency relationship when representing its clients; and (3) Plaintiff's counsel should have done/not done various things. Newly discovered evidence: CCP Sec. 657(4) permits a new trial where there is "[n]ewly discovered evidence, material for the party making the application, which [it] could not, with reasonable
Hearing Date
January 26, 2017
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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On December 2, 2016, this Court granted Defendant Midway Venture LLC d/b/a Pacers' ("Midway") motion for summary judgment. Plaintiff now challenges that ruling by way of a motion for new trial. Specifically, Plaintiff argues that a motion for new trial should be granted due to (1) newly discovered evidence (CCP Sec. 657(4)); (2) irregularity in the proceedings (Sec. 657(1)); and (3) accident or surprise (Sec. 657(3)).
In support of the motion, Plaintiff contended that (1) Midway concealed documents and the identity of an "important witness"; (2) contrary to this Court's ruling on summary judgment finding no agency relationship with J Dog, that J Dog has "admitted" he was in an agency relationship when representing its clients; and (3) Plaintiff's counsel should have done/not done various things. Newly discovered evidence: CCP Sec. 657(4) permits a new trial where there is "[n]ewly discovered evidence, material for the party making the application, which [it] could not, with reasonable