California, United States of America
The following excerpt is from Des Metals, Inc. v. Lee, B264222 (Cal. App. 2017):
Appellants contend the trial court abused its discretion in denying their motion for a new trial based on the "newly discovered evidence" that Lopez was now available and willing to testify. We review the denial of a new trial motion based on new evidence for abuse of discretion. (Shiffer v. CBS Corp. (2015) 240 Cal.App.4th 246, 255.)
A trial court may grant a new trial based on "[n]ewly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial." (Code Civ. Proc., 657, subd. (4).) "'The essential elements which must be established are (1) . . . the evidence is newly discovered; (2) . . . reasonable diligence has been exercised in its discovery and production; and (3) . . . the evidence is material to the movant's case.'
Page 12
[Citation.]" (Sherman v. Kinetic Concepts, Inc. (1998) 67 Cal.App.4th 1152, 1161. Appellants did not establish the first two elements.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.