What is the test for a motion for a new trial on the grounds of "newly discovered evidence"?

3. That it be such as to render a different result probable on a retrial of the cause; 4. That the party could not with reasonable diligence have discovered and produced it at the trial; and 5. That these facts be shown by the best evidence of which the case admits. " [Citations.]' In addition, "the trial court may consider the credibility as well as materiality of the evidence in its determination [of] whether introduction of the evidence in a new trial would render a different result reasonably probable." [Citation.] [Citation.]" ( People v. Howard (2010) 51 Cal.4th 15, 43, 118 Cal.Rptr.3d 678, 243 P.3d 972.)

A motion for a new trial on the grounds of newly discovered evidence is generally "a matter which is committed to the sound discretion of the trial court," and "a reviewing court will not interfere unless a clear abuse of discretion is shown. [Citation.]" ( Cansdale v. Board of Administration (1976) 59 Cal.App.3d 656, 667, 130 Cal.Rptr. 880 ( Carnsdale ).) The instant case, however, raises issues as to what constitutes "newly discovered evidence" within the meaning of section 657, subdivision (4), an issue of statutory

[21 Cal.App.5th 1079]

interpretation that we review de novo. ( Regents of University of California v. Superior Court (1999) 20 Cal.4th 509, 531, 85 Cal.Rptr.2d 257, 976 P.2d 808.)