California, United States of America
The following excerpt is from People v. Daniels, B246051 (Cal. App. 2015):
omission probably was inadvertent. [Citations.] '"In the hurry of the trial many things may be, and are, overlooked which would readily have been rectified had attention been called to them. The law casts upon the party the duty of looking after his legal rights and of calling the judge's attention to any infringement of them."' [Citations.]" (People v. Braxton (2004) 34 Cal.4th 798, 813-814.) Thus, where a trial court "'"through inadvertence or neglect, neither rules nor reserves its ruling"'" on a motion or objection, the party who made the motion or objection "'"must make some effort to have the court actually rule. If the point is not pressed and is forgotten, [the party] may be deemed to have waived or abandoned it, just as if he had failed to make the objection in the first place."'" (Id. at p. 813.)
c. The trial court did not err in failing to hold a hearing on defendant's discovery request.
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