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Gerez v. 16th District Agricultural Association of the State of California2/27/2003
it would have been hard for the jury to rely on much of anything that he said."
Finally, the trial court could have reasonably concluded that appellant had failed to exercise reasonable diligence in its discovery and production of Clodfelter's academic records. Appellant knew in advance of the trial that Clodfelter had claimed a Bachelor of Science degree from Cal Poly. Appellant could have subpoenaed Clodfelter's academic records before the trial began.
Accordingly, the trial court did not abuse its discretion in denying the motion for a new trial.
Disposition
The judgment is affirmed. Respondents shall recover their costs on appeal. Appellant's motions to augment the record by the inclusion of the depositions of Clodfelter and Friedman, are denied.
NOT TO BE PUBLISHED.
We concur:
GILBERT, P.J.
COFFEE, J.
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