Summary
The California Court of Appeals considered whether the trial court properly granted defendants a new trial based on newly discovered evidence concerning the relationships among several Minnesota turkey-hatchery corporations and an individual involved in the transactions. The court held that granting a new trial was within the trial court's discretion and did not constitute an abuse of discretion or a miscarriage of justice. The order granting a new trial was affirmed.
Holdings
- An order granting a new trial on the ground of newly discovered evidence will be affirmed unless the trial court abused its discretion to the extent that the order constitutes a miscarriage of justice.
- The trial court did not abuse its discretion in granting a new trial because the newly discovered evidence materially corroborated defendants' evidence that their dealings had been with Dahmes personally and directly affected the trial court's conclusion that defendants had dealt with plaintiff corporation.
Questions Presented
- Whether the trial court abused its discretion by granting defendants a new trial based on newly discovered evidence.
- Whether the newly discovered evidence was material and sufficiently significant to justify retrial despite defendants' failure to conduct more extensive pretrial discovery.
Disposition
affirmed
Cases Cited (1)
- Dasso v. Bradbury, 39 Cal. App. 2d 712, 104 P.2d 128(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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