Can a motion for a new trial be made where only an issue of law has been tried?

Our Supreme Court definitively construed the statutes providing for new trials in Carney v. Simmonds (1957) 49 Cal.2d 84. There the court said, "[t]he statutes on new trial provide that: 'A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court or referee.' (Code Civ. Proc., 656.) 'An issue of law arises upon a demurrer to the complaint or answer, or to some part thereof.' (Code Civ. Proc., 589.) 'An issue of fact arises--

"'1. Upon a material allegation in the complaint controverted by the answer; and,

"'2. Upon new matters in the answer, except an issue of law is joined thereon.'" (Code Civ. Proc., 590.) A new trial may be granted on the 'issues' on the grounds, among others, errors in law occurring at the trial, that the verdict or decision is against the law and irregularity in the proceedings. (Code Civ. Proc., 657.)'" (Carney v. Simmonds, supra, at p. 88.)

The court then cited numerous cases that had held that a motion for new trial could not be made where only an issue of law had been tried. (Carney v. Simmonds, supra, 49 Cal.2d at pp. 88-89.) Disapproving those cases, the court said, "[t]he basic reason underlying the [disapproved] decisions . . . appears to be that a motion for a new trial should not be entertained where the only issue tried is one of law as distinguished from one of fact or one of law and fact. This reason might seem justified on the basis of sections 656 and 590 of the Code of Civil Procedure, quoted supra, but those sections must be read and construed in conjunction with the basic section on motions for a new trial, section 657 of the Code of Civil Procedure. It provides that 'any' decision may be vacated or modified on motion for a new trial, indicating that the decision need not necessarily be based on a question of fact. The new trial may be on 'all' or 'part of the issues' further pointing to no distinction between fact and law (the issues). The grounds for the new trial motion may be either issues of fact such as insufficiency of the evidence or issues of law such as 'irregularity in the proceedings of the court, jury or adverse party,' 'misconduct of the jury,' that the decision is 'against the law,' 'error in law occurring at the trial,' and others. These grounds clearly indicate that issues of law may be reexamined on a motion for a new trial. Moreover it should be observed that there may be a 'trial' and hence a situation proper for a new trial motion where only issues of law are determined. (See Berri v. Superior Court, 43 Cal.2d 856 [279 P.2d 8].) As a matter of orderly procedure there is no less reason why the trial court should have a second chance to reexamine its judgment where issues of fact are involved than where issues of law or law and fact are decided." (Id. at p. 90.)