Judge: James A. Mangione, Case: 37-2022-00028976-CL-BC-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 17, 2023

11/17/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00028976-CL-BC-CTL MARGOLIS VS SARASWATI [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Ranaganath Saraswati's Motion for New Trial is denied.

As an initial matter, the Court notes that Defendant has failed to comply with the procedural requirements of CCP §§ 658-660. Substantively, Defendant asserts that a new trial is warranted because his attorney failed to effectively represent him, including by failing to admit a number of exhibits during the trial, and there were alleged service issues with the complaint. Neither of these are grounds to justify a new trial. (See Zaragoza v. Superior Court (1996) 49 Cal.App.4th 720, 725 ('A party may waive the defect of proper service by making a general appearance in an action without challenging jurisdiction.'); In re Marriage of Liu (1987) 197 Cal.App.3d 143, 155 (trial counsel's negligence, mistake or inadvertence 'is not a ground upon which a new trial may be granted').) The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3022368  18