Garcia v. County of Los Angeles

Opinion

LUKE, J. *

Martin Raymond Garcia (appellant) appeals from an order granting a motion by the County of Los Angeles and Sheriff Peter J. Pitchess (respondents) for a new trial.

Appellant contends that: (1) it was reversible error for the trial court to grant resporfdents’ motion for a new trial because of the absence of a witness where respondents, the proponents of the witness, failed to ask for a continuance; (2) no irregularity occurred on which to base the order granting a new trial since respondents failed to subpoena the absent witness, and failed to advise the trial court of his…