In a motion for a new trial, does the trial judge abuse his discretion in denying the motion?

California, United States of America


The following excerpt is from Doyle v. Shapiro, B238593 (Cal. App. 2013):

In any event, the trial court did not abuse its discretion in denying the motion for a new trial. "[A] trial judge is accorded a wide discretion in ruling on a motion for new trial and . . . the exercise of this discretion is given great deference on appeal. [Citations.]" (City of Los Angeles v. Decker (1977) 18 Cal.3d 860, 871-872.) "[I]t is our duty to review all rulings and proceedings involving the merits or affecting the judgment as substantially affecting the rights of a party [citation], including an order denying a new trial. In our review of such order denying a new trial, as distinguished from an order granting a new trial, we must fulfill our obligation of reviewing the entire record, including the evidence, so as to make an independent determination as to whether the error was prejudicial. [Citations.]" (Ibid.)

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