How does the court review a motion denying a new trial under the deferential abuse of standard?

California, United States of America


The following excerpt is from O'Haver v. Cnty. of L. A., B259487 (Cal. App. 2016):

We review the trial court's order denying a new trial motion under the deferential abuse of discretion standard. (Nazari v. Ayrapetyan (2009) 171 Cal.App.4th 690, 693-694.) We cannot reverse unless the error was prejudicial. In making this determination, we are obligated to examine the entire record, including the evidence, and independently determine whether or not any error was harmless. (Id. at p. 694.) This standard applies to each of the three types of rulings at issue on appeal.

Jury misconduct is a ground for a new trial. (Code Civ. Proc., 657, subd. (2).) When reviewing an order denying a new trial motion based on that ground, we must review the entire record, including the evidence, and determine independently whether the misconduct, if it occurred, prevented the complaining party from having a fair trial. (Glage v. Hawes Firearms Co. (1990) 226 Cal.App.3d 314, 321 (Glage).)

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