What is the test for abuse of abuse of authority in denying a motion for a new trial motion based on newly discovered evidence?
California, United States of America
The following excerpt is from Zhen Jiang Zong v. McClanahan, B243528 (Cal. App. 2013):
We review for abuse of discretion the denial of a new trial motion based on newly discovered evidence, keeping in mind that we review the entire record to make an independent determination as to whether the alleged error was prejudicial. (Sherman v. Kinetic Concepts, Inc. (1998) 67 Cal.App.4th 1152, 1160-1161.)
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