What is the test for a motion to set aside a jury verdict in a sexual assault case?

In April 2012, defense counsel noticed a motion styled "Motion To Set Aside Jury Verdict And Dismiss Case And Alternatively For New Trial." The basis for relief was stated as follows: "This motion is based on the grounds that the prosecution failed to discover highly material and exculpatory information under Brady v. Maryland . . . and that the nondisclosure of exculpatory information at jury trial was an egregious violation of defendant's due process rights and right to a fair trial. The discovery violations constituted egregious and prejudicial prosecutorial and law enforcement error such that a miscarriage of justice resulted, and that dismissal of this case is the proper and just remedy under the California Constitution and the United States Constitution." This was also the basis for a new trial.