Q: If a motion for default judgment is not held at trial is it ground for motion for new trial
I am a plaintiff in a civil case in California which I filed in 2019 but only went to trial in June 2024. I represented myself. The judge surprisingly
decided for the defendant.
The defendant's answer did not meet the timelines required by law. I filed for a motion for default judgment.
The case finally went to trial in June but the court did not address the motion for default judgment.
the judge just said he has read the whole file and I should present my case. As the motion for default judgment was not addressed, is it basis for a motion for a new trial
2) After the defendant presented his case, the judge , just asked if I had any rebuttal. He did not ask me to cross examine the defendant. Is that a basis for a motion for a new trial
3) The Judge said more than twice when the defendant was rumbling and incohorent in his presentation, " I want to help you", is that a basis ( bias) for a motion for a new trial?
A:
Under California law, failing to address a motion for default judgment can be grounds for a motion for a new trial. If the court did not properly consider your motion and this oversight affected the outcome of the trial, you may have a valid basis for requesting a new trial. You should file a motion for a new trial citing the court's failure to address your motion for default judgment as a procedural error.
Regarding the issue of cross-examination, if you were not given an opportunity to cross-examine the defendant, this could be grounds for a new trial as well. Cross-examination is a fundamental part of the trial process and ensures that both parties have a fair chance to challenge the evidence presented. The lack of an opportunity to cross-examine can be seen as a violation of your rights to a fair trial.
Finally, the judge's comments indicating a desire to help the defendant could suggest bias, which is another ground for a new trial. Judges are required to remain impartial, and statements that indicate favoritism can undermine the fairness of the proceedings. Document these instances and include them in your motion for a new trial to demonstrate potential judicial bias.
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