The right to move for a new trial is an important right, developed from the common law, enshrined in statute, and respected by our courts. The recent case of Nickelson v. Nickelson (D2d2 Nov. 19, 2021) 2021 WL 5407839 (no. B302585) (nonpub. opn.) also respects the important right to move for new trial. You absolutely have the right to move for new trial. No question. But Nickelson says you don't have a right to a ruling on the motion.
In this domestic violence case, the appellant-brother's claim was dismissed after trial. He moved for new trial arguing his evidence should have been let in, including video and photographic evidence and medical reports.
Here is what the trial court did about the appellant's new trial motion: the judge told the appellant to just file an appeal instead. And then the judge took the new trial motion off calendar.
And the Court of Appeal held this was fine.
(In the rest of the post, I explain why I disagree.)
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