Can a motion for judgment notwithstanding the verdict be sustained?

California, United States of America


The following excerpt is from Aames-Warner Corp. v. Flowers, B266962 (Cal. App. 2017):

"It is settled that a motion for judgment notwithstanding the verdict should be granted only if a motion for directed verdict should have been granted [citation] and that the cardinal requirement for the granting of either motion is the absence of any substantial conflict in the evidence. [Citation.] Stated differently, a directed verdict or judgment notwithstanding the verdict may be sustained only when it can be said as a matter of law that no other reasonable conclusion is legally deducible from the evidence and that any other holding would be so lacking in evidentiary support that the reviewing court would be compelled to reverse it or the trial court would be required to set it aside as a matter of law. [Citation.] The court is not authorized to determine the weight of the evidence or the credibility of witnesses. [Citation.]" (Spillman v. San Francisco (1967) 252 Cal.App.2d 782, 786.)

Other Questions


What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
Is a motion for judgment notwithstanding the verdict granted? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
What is the difference between granting a defendant a new trial and denying a motion for judgment notwithstanding the verdict? (California, United States of America)
In a motion for a new trial and judgment notwithstanding the verdict in a personal injury case, what is the effect of the punitive damage award on appeal? (California, United States of America)
When will a judge grant a motion for judgment notwithstanding the verdict? (California, United States of America)
Can a motion for judgment be made notwithstanding a directed verdict? (California, United States of America)
What is the test for a motion for judgment notwithstanding the verdict of a jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.