Does a conditional order granting or denying a new trial need to be amended or amended?

California, United States of America


The following excerpt is from Chodos v. Superior Court for Los Angeles County, 226 Cal.App.2d 703, 38 Cal.Rptr. 301 (Cal. App. 1964):

Whether the conditional order granting or denying the new trial is worded in the present tense or worded in the future tense, when referring to the effect of the performance or nonperformance of the condition, it does not require a subsequent order since the original order takes effect immediately upon the expiration of the time limit within which the condition was to be performed. (Jennings v. Superior Court, 134 Cal.App. 300, 305, 25 P.2d 246.) The fact that the time within which the condition is to be performed extends beyond the 60-day period is of no significance insofar as section 660 of the Code of Civil Procedure is concerned. "The well-settled rule is that, when a trial court makes and causes to be entered a conditional order granting or denying a motion for a new

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