Defendant Kishor D. Doshi's motion for new trial is denied.
On August 6, 2018, Total Lender Solutions, Inc. filed a complaint in interpleader and interplead $144,110.12 with the Court on August 23, 2018.
The Court conducted a bench trial to determine the disbursement of the funds and disbursed the funds as follows:
- $21,435.42 to Red Door Assets, LLC
- $26,988.43 to Kishor D. Doshi
- $95,686.27 to the Franchise Tax Board
Defendant Doshi moves for new trial pursuant to CCP § 657(4) (newly discovered evidence). The Franchise Tax Board opposes the motion.
"Newly discovered evidence" within the meaning of CCP §657(4) must be evidence that was in existence at the time of the trial. "Normally, to support a motion for a new trial on this ground, the court must determine if the evidence was in existence at the time of the trial and could not have been discovered with reasonable diligence." Aron v. WIB Holdings (2018) 21 Cal. App. 5th 1069, 1079 citing Cansdale v. Board of Administratio
Hearing Date
November 25, 2019
Category
Civil - Unlimited
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Defendant Kishor D. Doshi's motion for new trial is denied.
On August 6, 2018, Total Lender Solutions, Inc. filed a complaint in interpleader and interplead $144,110.12 with the Court on August 23, 2018.
The Court conducted a bench trial to determine the disbursement of the funds and disbursed the funds as follows:
- $21,435.42 to Red Door Assets, LLC
- $26,988.43 to Kishor D. Doshi
- $95,686.27 to the Franchise Tax Board
Defendant Doshi moves for new trial pursuant to CCP § 657(4) (newly discovered evidence). The Franchise Tax Board opposes the motion.
"Newly discovered evidence" within the meaning of CCP §657(4) must be evidence that was in existence at the time of the trial. "Normally, to support a motion for a new trial on this ground, the court must determine if the evidence was in existence at the time of the trial and could not have been discovered with reasonable diligence." Aron v. WIB Holdings (2018) 21 Cal. App. 5th 1069, 1079 citing Cansdale v. Board of Administratio