Does a court's specification of reasons for granting a motion for a new trial, which does not state any grounds or reasons for the decision to grant the motion, constitute untimely and void?

California, United States of America


The following excerpt is from Hand Electronics, Inc. v. Snowline Joint Unified School Dist., 21 Cal.App.4th 862, 26 Cal.Rptr.2d 446 (Cal. App. 1994):

Thus, the court's November 1, 1991, specification of reasons for granting the motion for new trial was untimely and void. The October 15, 1991, minute order granting the motion for new trial did not state any grounds or reasons for the decision to grant a new trial. Under such circumstances, we are precluded under section 657 from affirming the order on the grounds of insufficiency of the evidence or excessive damages. ( 657; Neal v. Montgomery Elevator Co. (1992) 7 Cal.App.4th 1194, 1198, 9 Cal.Rptr.2d 497.) 5

Jury Instruction on Replacement Costs. An order granting a new trial which does not specify grounds is defective, but not void under section 657. (Sanchez-Corea v. Bank of America (1985) 38 Cal.3d 892, 901, 215 Cal.Rptr. 679, 701 P.2d 826.) "On appeal from an order granting a new trial the order shall be affirmed if it should have been granted upon any ground stated in the motion, whether or not specified in the order or specification of reasons, except that (a) the order shall not be affirmed upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate damages, unless such ground is stated in the order granting the motion and (b) on appeal from an order granting a new trial upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon

Page 450

Thus, we examine whether any ground, other than insufficiency of the evidence or excessive damages, supports the trial court's order granting the motion for new trial. (Sanchez-Corea v. Bank of America, supra, 38 Cal.3d at p. 900, 215 Cal.Rptr. 679, 701 P.2d 826.) Snowline argues that the order granting a new trial should be affirmed on the ground of error in law because the trial court erred in instructing the jury on replacement costs, when the proper measure of damages was the fair market value of the equipment.

Other Questions


Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
What is the standard of review for a motion of appeal against a finding that the trial court erred in failing to grant a new trial on the grounds of misconduct of counsel? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What are the rules applicable to appeal from an order of the trial court granting a motion for a new trial on the ground of insufficiency of the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.