In a motion for a new trial and/or vacate the judgment, what is the consequence of the failure to actually rule on the motion?

California, United States of America


The following excerpt is from Jane Doe v. Hsu, E057754 (Cal. App. 2015):

failing to actually rule on the motion for new trial and/or vacate the judgment, and did not alert this court of such failure to rule by the trial court. In fact, she provides no recitation of what actually occurred during the hearing on the motion for new trial and/or vacate the judgment, or any analysis of why the refusal on the part of the trial court to rule on the matter was erroneous. Doe bears the burden on appeal to affirmatively establish error. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) Doe's failure to properly argue this issue on appeal waives any claim of error.

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