Is there any error in the affidavit filed in support of a motion for a new trial on the grounds of misconduct of counsel?

California, United States of America


The following excerpt is from Gill v. Gill, C067746 (Cal. App. 2014):

The absence of error is further demonstrated by the affidavit filed in support of defendants' motion. "Application for new trial on the ground of misconduct of counsel unquestionably comes within the provisions of subdivision 1 of section 657 of the Code of Civil Procedure, and section 658 of the code requires that such application be made upon affidavits," except where "the alleged misconduct fully appears from a reading of the reporter's transcript." (Green v. County of Merced (1944) 62 Cal.App.2d 570, 571-

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