What is the test for overturning an order denying a motion for a new trial?
California, United States of America
The following excerpt is from Jenks v. DLA Piper Rudnick Gray Cary U.S. LLP, 196 Cal.Rptr.3d 237, 243 Cal.App.4th 1 (Cal. App. 2015):
An order denying a motion for new trial will not be set aside unless there was an abuse of discretion that resulted in prejudicial error. (City of Los Angeles v. Decker (1977) 18 Cal.3d 860, 871872, 135 Cal.Rptr. 647, 558 P.2d 545.)
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