Can a motion for a new trial be denied?

California, United States of America


The following excerpt is from Moca v. Moca, B275299, c/w B276393 (Cal. App. 2019):

this issue were not forfeited, we would not conclude the court abused its discretion in denying the motion. (See David v. Hernandez (2014) 226 Cal.App.4th 578, 590.) The court previously rejected appellant's claims of newly discovered evidence and found his credibility regarding such evidence lacking. We found no abuse of discretion in those orders. Likewise, the court properly rejected appellant's contentions about respondent's alleged concealment of documents and other fraudulent activities. Other courts before it also rejected those arguments. Appellant failed to demonstrate an entitlement to new trial.

The orders of the trial court are affirmed. Respondent is awarded her costs of appeal.

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