Can a judge grant a conditional new trial order in a case where the only issue litigated in the second trial was damages?

California, United States of America

The following excerpt is from Tinoco v. Garcia, Consolidated Cases No. F071883, Consolidated Cases No. F072280 (Cal. App. 2018):

and reasonable." (Code Civ. Proc., 662.5, subd. (a)(2).) This was a civil action in which the only issue litigated in the second trial was damages. When defendants moved for a new trial, "an order granting a new trial limited to the issue of damages [was] proper." (Ibid.) Citing Schelbauer v. Butler Manufacturing Co. (1984) 35 Cal.3d 442 (Schelbauer), however, defendants contend the trial court could not enter a conditional new trial order because excessive damages was not the only ground on which the trial court granted a new trial.

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