Mehran Javaherian v. Farid Moradi et al., Case No. SC128455

Defendants’ Motion for New Trial

Hearing Date: January 14, 2020

On October 16, 2019, this court granted summary judgment in favor of plaintiff as to the second cause of action for breach of contract, finding repayment of the LP investment exchange was not contingent upon plaintiff later providing the capital call funding. Defendants move for a new trial, arguing the court relied on arguments not raised in the moving papers and ignored material facts.

Courts do not ordinarily consider issues raised for the first time in the reply brief. American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 258, 275.

Defendants argue “the only issues presented by Plaintiff in the MSJ for adjudication were whether Moradi’s capital call request was justified and whether his requests to the LPs’ members was necessary.” Defendants argue this co........