Can a jury's verdict be vacated and a new trial ordered?

California, United States of America


The following excerpt is from Moland v. McWane, Inc., B285628 (Cal. App. 2020):

"A jury's verdict may be vacated and a new trial ordered based on '[i]rregularity in the proceedings of the court, jury or adverse party.'" (Code Civ. Proc., 657, subd. (1).) Misconduct of a party or a party's counsel may constitute an irregularity justifying a new trial. (See McCoy v. Pacific Maritime Assn. (2013) 216 Cal.App.4th 283, 303 [misconduct of counsel]; Sherman v. Kinetic Concepts, Inc. (1998) 67 Cal.App.4th 1152,

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