Can a motion for a new trial be denied by the Court of Appeal unless the Respondent agrees to a reduction in his award?

California, United States of America

The following excerpt is from Tri-Delta Engineering, Inc. v. Insurance Co. of North America, 146 Cal.Rptr. 14, 80 Cal.App.3d 752 (Cal. App. 1978):

2 Upon appeal from a final judgment, an appellate court may review the propriety of an order denying a motion for new trial. (Code Civ.Proc., 906; Litvinuk v. Litvinuk (1945) 27 Cal.2d 38, 42, 162 P.2d 8.) Although the trial court actually granted appellants' motion for new trial "unless (respondent) agrees to a reduction in his award, . . . " respondent's subsequent consent amounted to a denial of the motion. (Code Civ.Proc., 662.5(b).)

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